Loading...
08/08/1991 . , FILE COPY ciTy GRf+MD TERR`C August 8, 1991 22795 Barton Road Grand Terrace CITY OF GRAND TERRACE r California 92324-5295 Civic Center (714) 824-6621 Regular Meetings 2nd and 4th Thursday - 6.00 p m. Byron R Matteson Mayor Hugh J Grant Mayor Pro Tempore f- � Gene Carlstrom Ronald M Christianson Herman Hilkey Council Members Thomas J Schwab City Manager Council Chambers Grand Terrace Civic Center 22795 Barton Road Grand Terrace, CA 92324-5295 File Copy CITY OF GRAND TERRACE REGULAR COUNCIL MEETING AGENDA CITY COUNCIL CHAMBERS August 8, 1991 GRAND TERRACE CIVIC CENTER 6 00 P M 22795 Barton Road * Call to Order - * Invocation - Pastor Salim Elias , Azure Hills Seventh-Day Adventist Church _- Pledge of Allegiance - * Roll Call - STAFF RECOMMENDATIONS COUNCIL ACTION CONVENE COMMUNITY REDEVELOPMENT AGENCY , 1 Approval of 7/25/91 Minutes Approve 2 Approval of Check Register No CRA080891 Approve 3 Statement of Investment Policy ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONVENE CITY COUNCIL r 1 Items to Delete 2 SPECIAL PRESENTATIONS None 3 CONSENT CALENDAR The following Consent Calendar items are expected to be routine & non-controversial They will be acted upon by the Council at one time without discussion Any Council Member, Staff Member or Citizen may request removal of an item from the Consent Calendar for discussion A Approve Check Register No 080891 Approve B Ratify 08/08/91 CRA Action C Waive full reading of Ordinances on Agenda D Approve 7/16/91 & 7/25/91 Minutes Approve E Statement of Investment Policy COUNCIL AGENDA STAFF 08/08/91 - Page 2 of 2 RECOMMENDATION COUNCIL ACTION 4 PUBLIC COMMENT 5 ORAL REPORTS A Committee Reports B Council Reports 6 PUBLIC HEARINGS - 6 00 P M A Annual Levy of Assessment District No 89-1 B FIRST READING - AN ORDINANCE OF THE CITY Adopt COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADDING TITLE 16 TO THE GRAND TERRACE MUNICIPAL CODE ENTITLED "REGIONAL REGULATIONS" AND ADDING CHAPTER 16 04 THERETO PERTAINING TO MOBILE SOURCE AIR POLLUTION REDUCTION AND VEHICLE REGIS- TRATION FEES 7 UNFINISHED BUSINESS None t 8 NEW BUSINESS None 9 CLOSED SESSION ADJOURN THE NEXT REGULAR CRA/CITY COUNCIL MEETING WILL BE HELD ON AUGUST 22, 1991 AT 6 00 P M AGENDA ITEM REQUESTS FOR THE 8/22/91 MEETING MUST BE SUBMITTED IN WRITING TO THE CITY CLERK 'S OFFICE BY NOON 8/15/91 CITY OF GRAND TERRACE t'CNUINta v n h rirrn owp . COMMUNITY REDEVELOPMENT AGENCY MINUTES REGULAR MEETING - JULY 25, 1991 A regular meeting of the Community Redevelopment Agency, City of Grand Terrace, was held in the Council Chambers, Grand Terrace Civic Center , 22795 Barton Road , Grand Terrace, California , on July 25, 1991 , at 6 00 p.m. PRESENT Byron Matteson , Chairman Hugh J Grant , Vice-Chairman Gene Carlstrom, Agency Member Ronald Christianson , Agency Member Herman Hilkey, Agency Member ` Thomas J. Schwab , Executive Director Randall Anstine, Assistant City Manager Phil Bush, Assistant Finance Director Brenda Stanfill , Deputy City Clerk Patrizia Materassi , Planning Director Joe Kicak , City Engineer ABSENT John Harper, City Attorney APPROVAL OF JULY 16, 1991 CRA MINUTES CRA-91-23 MOTION BY AGENCY MEMBER HILKEY, SECOND BY VICE-CHAIRMAN GRANT, CARRIED, 5-0, to approve the July 16, 1991 CRA Minutes APPROVAL OF CHECK REGISTER NUMBER CRA072591 CRA-91-24 MOTION BY AGENCY MEMBER CARLSTROM, SECOND BY AGENCY MEMBER CHRISTIANSON, CARRIED 5-0, to approve Check Register No. CRA072591. Mayor Matteson adjourned the CRA meeting at 6 10 p m , until the next regular City Council/CRA meeting, which is scheduled to be held on Thursday, August 8, 1991 at 6 00 p m SECRETARY of the City of Grand Terrace CHAIRMAN of the City of Grand Terrace C R A AGENDA ITEM NO. 1 PENDING C R A APPROVAL COMMUNITY REDEVELOPMENT AGENCY CITi OF G' ) TERRACE DATE AUGUST 8, 1991 CHECK REGISTER NO CRA080891 CHECK OUTSTANDING DEMANDS AS OF AUGUST 8, 1991 NUMBER VENDOR DESCRIPTION AMOUNT P7322 KICAK AND ASSOCIATES ENGINEERING SERVICES FOR 6/17-7/14/91 $680 00 23781 UNITED STATES ESCROW APPRAISAL/CREDIT CHECK FOR LOW INCOME HOUSING LOAN 181 00 TOTAL $861 00 I CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE, THE AFORELISTED CHECKS FOR PAYMENT OF THE n COMMUNITY REDEVELOPMENT AGENCY LIABILITIES HAVE BEEN AUDITED BY ME AND ARE NECESSARY AND 73 APPROPRIATE EXPENDITURES FOR THE OPERATION OF THE COMMUNITY REDEVELOPMENT AGENCY a m THOMAS SCHWAB TREASURER Z O DATE August 1, 1991 STAFF REPORT CRA ITEM (xx) COUNCIL ITEM ( ) MEETING DATE August 8, 1991 SUBJECT STATEMENT OF INVESTMENT POLICY FOR THE COMMUNITY REDEVELOPMENT AGENCY Section 53600 of the Government Code the Agency Treasurer to render to the governing body anr Annual sStatement of Investment Policy The Investment Policy for the Community (CRA ) of Grand Terrace is a conservative versionlofpment the Ammodel adopted by the California Municipal Treasurers ' on The Agency has maintained the same policy as the initialciati version drafted in 1985 and adopted each year thereafter The CRA of Grand Terrace maintains a moderate investment strategy with safety of the principal being the most important rule for selection of an investment philosophy is to ensure the safety of the portfolio, an investment maintain a sufficient liquidity for ongoing and maintain a highest return possible, g g cash needs while yielding the STAFF RECOMMENDS THAT COUNCIL ACCEPT THE ATTACHED STATEMENT OF INVESTMENT POLICY AS SET FORTH BY THE AGENCY TREASURER TS bt ATTACHMENT C R A AGENDA ITEM NO. 3 STATEMENT OF INVESTMENT POLICY FOR THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE 1991-92 PURPOSE This statement is intended to provide guidelines for the prudent investment of the Agency ' s idle cash and to outline the policies for maximizing the efficiency of the Agency ' s cash management system. The ultimate goal is to enhance the interest earnings of the portfolio while ensuring the safety of the pooled cash OBJECTIVE The Agency ' s cash management system is designed to accurately monitor and forecast expenditures and revenues , thus enabling the City to invest funds to the fullest extent possible The Agency attempts to obtain the highest yield obtainable as long as investments meet the criteria established for safety and liquidity Investments may be made in the following media Securities of the U S Government or its Agencies Certificates of Deposits or Time Deposits placed with Savings and Loans or Banks that are fully insured by the FDIC or FSLIC Negotiable Certificates of Deposits Bankers ' Acceptances Commercial Paper Local Agency Investment Fund ( State Pool ) Repurchase Agreements Passbook Savings Accounts CRITERIA FOR SELECTING INVESTMENTS AND THE ORDER OF PRIORITY 1. SAFETY The safety and risk associated with an investment refers to the potential loss of principal , interest , or a combination of these amounts The Agency only operates in those investments considered very safe. 2 LIQUIDITY This refers to the ability to convert to cash with minimal chance of losing some portion of principal or interest COMMUNITY REDEVELOPMENT AGENCY PAGE TWO STATEMENT OF INVESTMENT POLICY 3 YIELD. Yield is the potential dollar earnings an investment can provide , otherwise known as rate of return SAFEKEEPING Securities purchased from broker dealers shall be held in third -- party safekeeping by the Trust Department of the Agency ' s bank or other designated third party trust. Ihe Agency strives to maintain the level of investment of all funds as near 100 percent as possible. Idle cash management and investment transactions are the responsibility of the Finance Department under the direction of the Agency Treasurer. the basic premise underlying the Agency ' s Investment Policy is to ensure the absolute safety of the portfolio , maintaining sufficient liquidity for ongoing cash needs while achieving the highest return possible ---_ .___ ....,,,,, ___....4. Thomas Schwab , Agency Treasurer COMMUNITY REDEVELOPMENT AGENCY FOR THE CITY OF GRAND TERRACE CITY OF GRAND TERP"C DATE A ST 1991 CHECI, REGISTER NO 080891 CHECK NUMBER VENDOR OUTSTANDING DEMANDS AS OF DESCRIPTION AUGUST 8 1991 AMOUNT P7316 SUPERIOR PHONE SERVICE P7317 PROGRESS PAYMENT TO INSTALL PHONES, CHILD CARE CENTER KELLY'S SILK SCREEN BAL DUE ON T-SHIRTS FOR SUMMER YOUTH $ 1, 166 50 P7318 SOUTHERN CA EDISON COMPANY GROUP P7319CASH PAYMENTS FOR 7/19/91 146 07 SOUTHERN CA GAS COMPANY CASH PAYMENTS FOR 7/19/91 373 54 P7320 SOUTHERN CA EDISON COMPANY P7321CASH PAYMENTS FOR 7/23/91 126 74 SOUTHERN CA GAS COMPANY CASH PAYMENTS FOR 7/23/91 418 80 P7322 KICAK AND ASSOCIATES P7323ENGINEERING SERVICES FOR 6/17-7/14/91 227 58 NEGRETE REFUND, RECREATION EXCURSION 18,386 61 ELVIRA P7324 KATHLEEN UNDERWOOD P7325 REFUND, RECREATION EXCURSION 820 00 TEN HALE P7326 KRIS TERMINATION PAY FOR P/P ENDING 7/26/91 295 00 SOUTHERN CA EDISON COMPANY P7327 CASH PAYMENTS FOR 7/26/91 308 82 SOUTHERN CA GAS COMPANY CASH PAYMENTS FOR 7/26/91 834 18 P7328 ALL PRO CONSTRUCTION C R/R AC/SEAL COAT VARIOUS STREETS, PATCH LA CADENA, 395 03 NORTH SIDE P7329 C7 SOUTHERN CA GAS COMPANY P7330 �" CASH PAYMENTS FOR 7/29/91 12,984 00 PERS 35 58 P7331 m SOUTHERN CA EDISON COMPANY FOR PAYROLL ENDING 7/19/91 P7332 CASH PAYMENTS FOR 7/31/91 3,884 48 C SOUTHERN CA GAS COMPANY 53 81 23729 D MOJAVE MICRSYSTEMS, INC CASH PAYMENTS FOR 7/31/91 SOFTWARE FOR COMPUTER, CRIME PREVENTION 0 20 02 23730 AMERICAN RED CROSS Z m 23731 CERTIFICATION FOR SWIM STUDENTS, TEN 1,749 38 JOHN DOTTERWEICH REFUND FOR RECREATION EXCURSION Z 23732 F= C3 25 00 GLENN LOSS REFUND FOR RECREATION CLASS > ZE 410 00 bo 23733 7S ANGELO AMIGO REFUND FOR RECREATION EXCURSION 13 0 20 00 23734 MANZOOR MASSEY REFUND, WASTEWATER DISPOSAL SERVICES O 410 00 D 17 nn CTTY OF GPAND TERRACE DATE AUGUST 8, 1991 CHECK REGISTER NO 080891 CHECK OUTSTANDING DEMANDS AS OF AUGUST 8, 1991 NUMBER VENDOR DESCRIPTION AMOUNT 23735 GENNY SPEARS REFUND, WASTEWATER DISPOSAL SERVICES $ 7 93 23736 JOSEPH/RICHARD YBARRA REFUND, WASTEWATER DISPOSAL SERVICES 3 40 23737 AA EQUIPMENT EDGER/TRIMMER, POWER MOWER 15,836 02 23738 AT&T INFORMATION CENTER RENT PHONE, EMERGENCY OPERATIONS CENTER 4 42 23739 ACCENT PRINT & DESIGN BUSINESS CARDS, SIX EMPLOYEES 432 30 23740 AMERICAN PLANNING ASSOCIATION MEMBERSHIP FOR 1991/92 151 00 23741 RANDALL ANSTINE AUTO ALLOANCE FOR AUGUST, 1991 200 00 23742 DANIEL BUCHANAN PLANNING COMMISSION MEETING, 7/18/91 50 00 23743 BUILDERS EMPORIUM CORDLESS DRILL, MAINTENANCE 128 03 237441 CA PARKS & RECREATION SOCIETY MEMBERSHIP FOR 1991/92 100 00 23745 CAL-WEST CONSULTANTS FINAL PAYMENT FOR WORK ON SENIOR CENTER 343 00 23746 CONSOLIDATED ELECTRICAL LIGHT BULBS, CIVIC CENTER 45 64 23747 COLTON TRUCK SUPPLY HITCH FOR STAKEBED TRUCK 174 66 23748 DICKSON/INLAND EMPIRE STREET SWEEPING FOR 7/2/91 , SPECIAL SWEEPING 250 00 23749 DUNN-EDWARDS CORP YELLOW PAINT, MAINTENANCE 55 73 23750 EASTMAN KODAK CREDIT CORP LEASE KODAK COPIER, AUG 1991 223 27 23751 EWING IRRIGATION SUPPLIES IRRIGATION SUPPLIES FOR PARKS 207 40 23752 EXPERT TREE SERVICE REMOVE TREES, MIRADO 550 00 23753 KAREN GERBER MONITOR FOR CIVIC CENTER, FIVE NIGHTS 159 00 23754 STANLEY HARGRAVE PLANNING COMMISSION MEETING, 7/18/91 50 00 23755 HAROLD' S EMPLOYEE AWARDS 37 28 23756 HEWLETT-PACKARD MAINTENANCE ON LASER PRINTER, CITY CLERK, 1991/92 264 00 23757 HYDREX PEST CONTROL PEST CONTROL, CIVIC CENTER, JULY, 1991 73 00 23758 INACOMP COMPUTER CENTER LASER PRINTERS FOR FINANCE, CITY MANAGER, RECREATION, AND EMPLOYEE" IME, (LOAN PACKAGE) 9,414 21 2 s CITY OF br,AUD TERRFcc DATE AUGUST 8, 1991 CHLCf nEGISTER NO 080891 CHECK NUMBER VENDOR OUTSTANDING DEMANDS AS OF AUGUST 8, 1991 DESCRIPTION AMOUNT 23759 INLAND EMPIRE STAGES 23760 BUS FOR EXCURSION TO CATALINA INMARK PLAQUE FOR SENIOR CITIZENS CENTER $ 1,454 50 23761 C R JAESCHKE REPAIR PARTS FOR POWER MOWER 1,185 25 23762 ALECIA LUCAS REIMBURSEMENT FOR LOCAL MILEAGE, AND MONITOR, CIVIC 72 09 23763 MCI TELECOMMUNICATIONS CENTER, ONE NIGHT 23764 LONG DISTANCE PHONE 61 03 PATRIZIA MATERASSI AUTO ALLOWANCE FOR AUGUST, 1991 23765 65 25 MONTGOMERY WARDS REFRIGERATOR FOR SENIOR CITIZENS CENTER200 00 23766 RAY MUNSON 23767 PLANNING COMMISSION MEETING, 7/18/91 762 70 NATIONAL SAFETY COUNCIL 50 00 23768 MEMBERSHIP FOR 1991/92 OTIS ELEVATOR COMPANY MAINTENANCE ON ELEVATOR FOR AUG 1991 160 00 23769 PACIFIC BELL PHONE FOR SENIOR CITIZENS, EMERGENCY OPERATIONS CENTER, 213 79 23770 CHILD CARE, AND CIVIC CENTER PAGENET 23771 MAINTENANCE/AIR TIME FOR PAGERS, AUG 1991 832 37 S ARTS & CRAFTS SUPPLIES FOR CHILD CARE/TINY TOTS 33 00 S & 23772 SHERIFF DICK WILLIAMS LAW ENFORCEMENT AND CRIME PREVENTION OFFICER FOR AUG 603 13 1991 THIS PAYMENT INCLUDES FOR OVERTIME FOR LAST QUARTER OF 1990/91 AND REFLECTS CREDIT FOR CRIME PREVENTION 23773 OFFICER FOR F/Y 1990/91 S B INDUSTRIAL MEDICAL PRE—EMPLOYMENT EXAMS FOR NEW EMPLOYEES 66,080 81 23774 DAVID SANDOVAL 23775REIMBURSEMENT FOR SUPPLIES FOR SUMMER YOUTH PROGRAM 390 00 SCHWAB AUTO ALLOWANCE FOR AUGUST, 1991 62 43 THOMAS 23776 JIM SIMS 23777PLANNING COMMISSION MEETING, 7/18/91 200 00 SOUTHERN CA EDISON COMPANY ELECTRIC FOR SENIOR CITIZENS CENTER, 5 50 00 23778 SPEEDEE OIL CHANGE/CUBE /23-7/16/91 78 SMOG CHECK ON TWO TRUCKS AND OIL CHANGE ON ONE TRUCK 323 88 18 CITY OF GRAND TERRACE DATE AUGUST 8, 1991 CHECK REGISTER NO 080891 CHECK OUTSTANDING DEMANDS AS OF AUGUST 8, 1991 NUMBER VENDOR DESCRIPTION AMOUNT 23779 STANDARD REGISTER ACCOUNTS PAYABLE CHECKS $ 952 56 23780 TOYS R US SUPPLIES FOR TINY TOTS 100 00 23782 FRAN VAN GELDER PLANNING COMMISSION MEETING, 7/18/91 50 00 23783 YOSEMITE WATERS BOTTLED WATER AND COOLER RENTAL FOR 7/29/91 , CIVIC CENTER AND CHILD CARE 121 81 23784 RONALD WRIGHT PLANNING COMMISSION MEETING, 7/18/91 50 00 TOTAL $146,021 21 I CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE, THE AFORELISTED CHECKS FOR PAYMENT OF CITY LIABILITIES HAVE BEEN AUDITED BY ME AND ARE NECESSARY AND APPROPRIATE EXPENDITURES FOR THE OPERATION OF THE CITY ;/4//-7 THOMAS SCHWAB FINANCE DIRECTOR 4 NG TY CITY OF GRAND TERRACE COUNCIDLI APPROVAL CITY COUNCIL MINUTES SPECIAL MEETING - JULY 16, 1991 A special meeting of the City Council of the City of Grand Terrace was called to order in the Council Chambers, Grand Terrace Civic Center, 22795 Barton Road , Grand Terrace, California, on July 16, 1991 at 6 00 p.m PRESENT Byron Matteson , Mayor Hugh J Grant, Mayor Pro Tem Gene Carlstrom, Councilmember Ronald Christianson, Councilmember Herman Hilkey, Councilmember Thomas J Schwab , City Manager/Finance Director Randall Anstine, Assistant City Manager Patrizia Materassi , Planning Director Brenda Stanfill , Deputy City Clerk John Harper, City Attorney Joe Kicak, City Engineer ABSENT None The meeting was opened with invocation by Pfennighausen , followed by the Pledge of Allegiance led Councbyme er Councillmemb Christianson. er Mayor Matteson convened City Council meeting at 6 00 p m. Mayor Matteson reconvened City Council meeting at 6 10 p.m. CONSENT CALENDAR CC-91-119 MOTION BY COUNCILMEMBER CARLSTROM, SECOND BY COUNCILMEM CHRISTIANSON, CARRIED 5-0, to approve the Consent Calendar BER A APPROVE CHECK REGISTER NOS 063091 & 071191 B RATIFY 07/16/91 CRA ACTION C WAIVE FULL READING OF ORDINANCES ON AGENDA D. APPROVE 06/27/91 MINUTES PUBLIC COMMENT Barbara Pfennighausen 22111 Ladera St , Grand Terrace, cited the City Manager's statement,from the June 27, 1991 City Council Meeting, which indicated that the abandoned trailer at the mobilehome park at the COUNCIL AGENDA ITEM ##3 D Council Minutes - 7/16/91 Page 2 junction of Barton and Grand Terrace Roads would be removed within ten days and pointed out that the coach has not been moved. Expressing chagrin , she inquired as to the City' s plan to resolve the matter. City Manager Schwab , concurred that the mobilehome park owner is in violation of the ten day notice but reassured Ms. Pfennighausen that the situation will be rectified once arrangements are made to remove or demolish the trailer, adding that the property owner will be assessed for the dumping fees. ORAL REPORTS 5B Council Reports Mayor Matteson , read from a letter, written by Sheriff' s Detective Nash , complimenting the support and friendship Mr Nash found in the City and informing the Council , the City Staff, and the citizenry of his promotion to Sergeant and subsequent assignment to the West Valley Detention Center, effective July 13, 1991 He requested that a letter of appreciation be sent to Sergeant Nash. In reference to a meeting that occurred between City representatives and members of The Sun newspaper, commented that although many in attendance expressed satisfaction with the publication , the City has received inadequate local news coverage from that newspaper However, he indicated his pleasure that a positive press release detailing the City's financial stability was published recently on the front page of The Sun Councilmember Christianson , inquired of the City Manager whether the City has a report from B F I . on the progress of the recycling program City Manager Schwab, responded that the City has not received a statistical report from B.F I on the amount of tonnage that is being collected for recycling but added that the report will be available upon completion of the month of July 1991 He stated further that a visual inspection of the City indicates a high level of participation from the citizens Councilmember Carlstrom, reported on the League of California Cities Conference, which he recently attended in Monterey with the City Manager and Mayor Pro Tem Grant, announcing that the City of Grand Terrace is one of the few cities in the state with an operating budgetary surplus. He stated that the issues of import at the Conference were the number of cases of child abuse in California and the number of children living in poverty state-wide, adding that only 11% of children in the state live in a normal family environment He expressed his belief that many senior citizens are unaware of childrens ' issues in the state, asserting that seniors ' votes against the school system are harmful to children. He added that 72,000 newborns have been exposed to Crack Cocaine and stated that 60-70% of children in the state are behind Council Minutes - 7/16/91 Page 3 in normal motor skill development due to a lack of adequate areas and indicated that the state He expressed park system needs improvement y representative from ithecSa�ramenn with to offhce of Education and Child Development, speech he given by the t of the State Department pment, Maureen DeMarco. Counc, lmember Hilke , stated his intention to information about the construction and subsequent r�fa, nuclear plant at Chernobyl to a future Council Meet g slides and an excerpt from a work written bylure of the ex the team studying one of the scientists whowasHe raad part oY g the Chernobyl incident which indicates that the situation was worsened b residents, and he extrapolated that the the �Cit reactionsous ofGrand r the area to be aware of not only the affects of radiation rcondt Terrace needsbut the fear radiation the generates He expressed his belief that the recycling program appears to be successful but added that there aree several thieves targeting the recycling bins, and he suggested the city pass legislation to indicated his desire that Staff initiatepreve tcorrmiunication d that to developtype of theft He constituts 20 3 recycling oprogrid amteor yard wastes with B.F I the Expressingwhich he contendswh the amountgraff of graffiti in the City, dissatisfaction with program to ensure 2 requested that Staff enhance provide for a wider selection of24-hour response time rvfitipaint colors and to suggested that the icall beeferring to the I Market, the i n afpainted in a redwood tone since t,�t hes public area Cit Manager , indicated that recycling yard the next component Schwabofch the recycling program, which will enableethesCity goal of a 50% reduction in the indicated that San Bernardino County wastestreamimplemented He yard waste collection a has notm yet ht a is working with B F I Program but remarked that the City a the Cityto examine the recycling options indicatedtne labor that a will paint over graffiti and will He tattemptingproperty townercprovides the correct colorf,ut addedenomit paint but He stated furtheropthat owners ' color schemes isn shorten the graffiti response time and willate►,although the du current time of 48 hours City can p to reduce the actually utilizing work release crews on weekends, graffiti hastat increased in the City implementationinvolved in spreading program, and he since the graffiti have enteredsp ntoaaed that those City He stated further that eventually the City a part-time Staffgame with the within 24 hours but e t Council member thin at the order remove may need to hire graffiti on City is comm,9teditoierad,cat,ng public and private City has used many graffiti removalerty He indicated that the those products have a limited effectivepne��ucts but commented that Ma or Pro Tem Grant, inquried as to the ownership the old GTI Market thef He concurred questionedand wit the of the el at punishment sme creatingft y Manager's assessment of the Council Minutes - 7/16/91 Page 4 amount and cause of the graffiti increase in the City, expressing frustration with the problem and suggesting that the City consider reimbursing an owner for the cost of painting their own property as long as the cost is not prohibitive He also concurred with Councilmember Carlstrom regarding the value of the League of California Cities Conference and stated that he personally benefited from several of the workshops He complimented the positive article that appeared in The Sun and lauded the City Manager's performance City Manager Schwab , commented that the owner of the old GTI Market indicated that the ownership of the wall is currently in litigation and added that the owner refused to sign a release form so that the graffiti could be removed at that location City Attorney Harper, revealed that the courts might impose a clean-up sentence on those who perpetrate the defacing of property in Grand Terrace and supported the City Manager' s reluctance to provide custom graffiti removal , indicating that other cities cite homeowners for graffiti abatement He commented further that the City can enter private property without the owner' s permission under the Nuisance Abatement Ordinance Mayor Pro Tem Grant, emphatically expressed his wish that the City enforce the Nuisance Abatement Ordinance City Manager Schwab, asserted that the Nuisance Abatement procedure requires notification and a hearing and is a time consuming process Assistant City Manager Anstine, reported that the City, in conjunction with the Sheriff' s Department, has been able to identify a number of individuals who have been responsible for graffiti in the area and has compelled those individuals to rectify their vandalism in the City through a clean-up program He clarified that the culprits were residents of Grand Terrace and were not minorities Mayor Pro Tem Grant, expressed satisfaction that some of the individuals responsible for graffiti in the City have been apprehended UNFINISHED BUSINESS 7A Award Mini Study on School District Feasibility City Manager Schwab, "At the meeting of June 13, 1991, Councilmember Hilkey presented a proposal by Stallings and Associates to conduct a mini study for the feasibility of a Grand Terrace Unified School District. At that same meeting, Council directed staff to solicit additional proposals. Staff had initially sent out proposals to Stallings and Associates, Far West Council Minutes - 7/16/91 Page 5 Laboratories, Hawkins Mark-Tell , and the University of California at Riverside Subsequent to that time, we had three more requests for proposals , one of which was to School Services of California We received back two proposals One was the initial proposal by Stallings and an additional proposal by School Services of California In looking at the two proposals, Stallings and Associates had a composite bid that was for the entire study with no additional costs. School Services of California had indicated that their base fee would be $2,850 plus additional costs In looking at the proposal , it seemed in order to make a fair comparison between the two proposals , I would need to contact School Services to find out what they really felt would be additional costs, and I think, in talking with them and what they would need to do in order to come down and properly perform a study, I would estimate that a proposal for School Services would probably be closer to $6,000 total cost So, Staff is recommending that should the Council wish to conduct a mini feasibility study, that I would recommend that you award the contract to School Services of California at a total cost of $6,000 from the unappropriated General Fund Balance " Mayor Matteson, "We have some people who want to speak on this issue plus I would like to read a letter received from citizen Kim Hathaway To the Grand Terrace City Council As a thirty year resident of Grand Terrace and a graduate of Colton High School , I thought that it was time I speak out and state my opinion on what is happening in our city and school district I am appalled and embarrassed that our city is being represented by a councilman that seems to have such a supremacist racist attitude. He is suppose to be mindful of what ' s good ana fair for our city and be the voice of the people What Mr Herman Hilkey wants in the way of our own school district is not in the city ' s best interest , and he certainly does not speak for me and my family, nor the majority of people I know in Grand Terrace In 1965, my husband and I graduated from Colton High and in 1986 so did our daughter Next year our son will also complete his four years there. The four of us managed to go through there without incident, and none of us are the mindless morons that Hilkey paints Colton students to be. My husband is successful and provides a good life for us My daughter and I both have college degrees and my son has made the principals honor roll every semester since he started at Colton High. His future is still ahead We do not need our own high school or school district, maybe what we need is new leadership Council Minutes - 7/16/91 Page 6 The rest of the council seems to be so passive, and willing to just give away city funds for a study that has already been done several times Come on Mr. Grant, Mr. Carlstrom, and Mayor Matteson, I ' ve seen you work for a long time and I used to believe you had the best interest of the Grand Terrace Citizens in mind, but now I 'm not so sure Stand on your own two feet and stop this ridiculous idea of our own school district or high school . You all know that this city cannot support, nor does it need it ' s own district. If this passes , you won 't just have the handful of families moving because they don 't want their children at Colton , you will have countless people moving to avoid paying the tax increases that we will have to pay, and I will be one of them I never thought I would ever consider moving from Grand Terrace but I am tired of all the hatred and nonsense that has been going on here, not to mention that we are already taxed to the max I am extremely involved in our community and in projects that are throughout our state I have always been actively involved with my children in this school system. From kindergarten through the end, I have been an aid in their classrooms so that I could know first hand what was going on I have not always been happy with some of the things that I ' ve seen so I have worked with the schools for cnange, not change my child from the school Maybe if Mr. Hilkey and his friends would turn their hostilities to positive energy and work to help the Colton School District, we could all make it an even better system We got along fine for years without Mr. Hilkey and separate schools, and we still can. I am not superior, not racist, not a liberal , not an ultra conservative, I am a positive person with positive ideas and I am deeply concerned about the affect that all of this ugly negative talk is having on our young people We need to learn and live together, not apart. You get out of school and life just what you put into it We are not superior to Colton and their children I believe that our city council needs to start looking beyond the broken garden gate and see the beautiful flowers that are blooming on the other side. A deeply concerned citizen, Kim Hathaway Wendy Patrick, 22725 Robin Way, Grand Terrace, "Before I speak, I do have two letters that were delivered to me by families that are of this community that share the views that I am giving and that Ms Hathaway gave. I ' ll pass those on when I am finished. I have Council Minutes - 7/16/91 Page 7 been a resident of this community for the greater portion of the past 29 years. I am here this evening to address this Council as it relates to the expenditure of monies to conduct a feasibility study pertaining to the formation of a school district in Grand Terrace not to debate the issue of separate school districts As a citizen and taxpayer of this community, I strongly object to the expenditure of any monies by our City government for the purpose of evaluating or studying the feasibility of a separate school district for this community City governments have no jurisdiction over schools. In my opinion, it is not an appropriate expenditure of taxpayers ' money. What would this Council 's reactions and the reactions of the taxpayers of the Colton Joint Unified School District be if the School Board opted to appropriate monies to conduct a feasibility study as to whether or not Grand Terrace should have its own police department? We all know that the School Board would have no jurisdiction over a police department in Grand Terrace The expenditure of monies that is before this Council is no different If, in fact, there is a large group of residents of this community who believe strongly that this community should look at the possibility of the unification and if the group is as large as Mr Hilkey would lead you to believe, then they should be willing to fund whatever cost would be required to conduct the appropriate survey. If there were 100 families interested in seriously addressing this issue, they should be willing to put their money where their mouths are and for a minimal investment of $65.00 per family, they can get the survey that they desire. Mr Hilkey has expressed the concern that the information that would be received from the Colton Joint Unified School District and the San Bernardino County Schools Office would be biased and not accurate From what source will the information generated for a feasibility study be drawn? Is Mr Hilkey not biased in his way of thinking? I have resided in this community far longer than Mr. Hilkey and the majority of his followers. I can tell you that I am tired of sitting back and allowing this Council and a small voice to continue to down grade the schools of this district I have been actively involved in our school system since my son entered kindergarten He will be entering seventh grade in September I have served as PTA President at Terrace View, have served the PTA at Terrace View in numerous other capacities, I will be President of Terrace Hills PTSA this coming year, and I sit on several committees of the Colton Joint Unified School District I am not an uninformed member of this community. No school district is perfect or without problems but personal experience has convinced me that this district continues to strive for excellence and constantly reevaluates the approaches they are taking to seek out better solutions to its problems. What we need are more members of the community who are truly committed to being part of the solutions rather than part of the problems Please consider carefully the decision before you. I encourage you to vote against the expenditure of any monies by this City for any feasibility study relating to schools. I encourage you to appropriate those monies to more worthwhile activities which might Council Minutes - 7/16/91 Page 8 include youth sports, teen programs, drug and alcohol awareness programs, and better yet, to provide some scholarships to benefit graduating teens of this community We have many students in our community who could benefit tremendously from a scholarship program. I can assure you if this expenditure is approved by this Council , I will seek to pursue other avenues to determine the legal appropriateness of this expenditure. Mr Hilkey says he represents the views of this committee I ask you who will represent myself and those who share my views. I am not here alone this evening " Wendy Curran, 22755 Kentfield , Grand Terrace, "Good evening Mayor and Councilmembers. Tonight I speak to you in order to clarify some facts - to set the record straight, if you will Over the last several weeks, information has been presented to you that paints a lopsided view of the high school our students attend In addition , an image has been created depicting the funding at the elementary schools as dismal It is incorrect to draw the conclusion that the Board of Education or the District Administration purposely under funds any school as has been implied That simply does not happen First you need to understand that each school determines their spending decisions at the site and that the allocation is based on enrollment figures Last year, our district received $3,057.59 per student, and we are expecting the same amount this year as there appears there will be no cost of living adjustment or COLA. Approximately 85% of our resources go to salaries and benefits, which leaves about 15% to fund the rest. Lottery monies are also alloted to each school based on enrollment and we are expecting about 1/3 less lottery revenue this year Additionally, each site receives supplemental grant monies for text books and may qualify for other grant monies. Some sites qualify for additional monies through categorical programs such as Chapter 1, which is federally funded, State Compensory Education , which is funded by the State, Bi-lingual Education Aid, and School Improvement Program monies Recently, both elementary schools in Grand Terrace have qualifed and are receiving SIP monies or School Improvement Program monies Each school site makes the decisions on how the money is spent at that site As to the high school , much has been misrepresented Again, you need to understand how the CAP figures are interpreted The figures you have been given previously were for the 1989-90 school year, and since the State of California did not fund the CAP test last year, no school in California took the CAP test for the 1990-91 school year The CAP test is in a state of flux and many revisions have taken place As I understand it, when the test is again implemented , students in grade 4, 5, 8, and 11 will be tested It is unclear when this will occur. You also need to understand how CAP scores are reported The State gives us two ways to interpret scores state ranking, which compares the high school to all high schools in the State, and relative ranking, which reports how we fare with schools that are similar to us You have been given the state ranking and not the relative rank for 1989-90 Colton High School ' s relative rank was in the upper 1/3 Council Minutes - 7/16/91 Page 9 In a recent School Performance Report Study Summary for 1989-90 released from the State Department of Education, Colton High School met twelve of the fifteen target areas that the State Department of Education had established. Yes, there are still areas to improve in The keyword is improve, and yes, we are doin that Last the SAT scores placed us second in math and third in verbal skills in the County of San Bernardino, this while we almost doubled the number of students who took the test you are not I have long believed that if part of the solution, you are part of the problem. Looking for solutions is what keeps me awake at night adults need to help our kids develop self-esteem nWe We as need to encourage them, set parameters, and serve as exam les. parents are re-dedicating themselves to our p Many young doing so set many positive forces into motion Once pstupdentsy have the backing of their community, I believe that there isn 't anythin that they cannot achieve. I believe in our students n them to achieve and will continue to find ways to bring bestpect their education The path is long and windin this Council to be su 9 I would encourage deed pportive of our students in both word and Who knows what our young people can achieve when we Join forces to be supportive " Mayor Matteson, "For those of you is also on the Colton School Board. " ere who don 't know, Mrs Curran John R Ta lor, 22843 Vista Grande Way, Grand Terrace, _ concerns for the concerned ��I have with the former official of Colton,parents,Mr avDickinsoning yde Mrth Dickinsonn has left Evidently, someone will take his place I would ver much like to see them make an attempt to contact the new people in Colton before any expenditures are made I p you have been quite conservative and I can 't think of ay oa time I ' ve disagreed with you until this time has come up, that the Council would give further consideration before theydwould make such an expenditure " Rod Lambert, 22914 Palm, Grand Terrace, indicated that he has been "a resident 17 years in Grand Terrace and prior to that 20 Colton and also an alumni of Colton High School Mr Hilkers iy his group, I can appreciate the want of having our own school district whatever I remember when we first became a City one of the goals that we were involved with was trying to get our own Post Office We found out that financially it was not feasible to do We wanted our own phone prefix We even fought to get 783- into the 825 but again we ran into a financial thing that we could not obtain . Here again, today, financially feasible and it doesn't make sensetuaIsispe nth3t0 is on the phone today talking with the State Board of Education and they won 't side one way or the other about the feasibility of doing things, and I 'd be glad to their numbers after give you the people I talked to and t upRight now, according to the gentleman I there, they have about a billion dollar backlog of Council Minutes - 7/16/91 Page 10 funds needed just for improvements in schools that are already in existence. Any new projects would be at least ten years down the road The only way that something would be put on the front burner is if you are out in the middle of the desert and put together a community and needed a school at that point in time The other thing is, and I don 't know if this has been checked into but was brought to my attention there when I talked to them, if Colton is a charter City, it would be virtually impossible to break that unified school district I called City of Colton and the people I got hold of, the City Manager wasn 't there, didn 't know if they were general law, if they are charter or what, but it was my understanding from the State of California and this was the Administrator of School Districts that if that was a charter City, you would be wasting your money. I have a few questions if we were to go forward with that. First of all , where is the land for the high school . Where would the funds, because the State, as it was mentioned, is $14 billion dollars in a deficit, so the funds for building the school would be questionable If we had our own school district, we would need a school board , a superintendent of schools, secretaries, busses , maintenance people Besides teachers , you need substitute teachers probably, although I don 't know what the ratio of substitute teachers to teachers is, but if a teacher gets sick, you 've got to have somebody to cover them That 's increased cost. You take a town of this size, we'd have a school district of approximately 3,000, maybe 700 at a high school and that would take the kids who enjoy sports put them in a league that would be transporting them to mountain communities out in the middle of the desert to participate in sports because we 'd be such a small school we wouldn 't be in the larger CIF school district I don't like to come with negative things unless I have suggestions because, as said, unless you have a solution you ' re part of the problem. I think working through the present system that has been stated is the way to do it That brings change and we can do that strictly by voting for those that are with our feelings The other thing is exploring the possibility of maybe bringing Loma Linda into the Colton Unified School District Loma Linda, at this time, is taxing Redlands. Redlands was unable to pass a bill to build a high school . They have a high school that is overcrowded Their schools are overloaded. If we could bring Loma Linda along with Reche Canyon, there would be a need for a new high school to be built probably in the Reche Canyon, Grand Terrace, Loma Linda area Colton has another high school over in Bloomington so we know they can handle more than one If this were to come to be, it would also bring probably an extra Board member onto the School Board and would shift the weight probably a little more this direction so that if there ' s things that we ' re unhappy with, we would have a larger voice on that Board of the School District Again , it was mentioned about the school deficit of $14 billion dollars and we're throwing $6, 500 dollars away on something that has already been checked, phone calls that have been made, and I would ask the Council also to vote against appropriating that money. Thank you " Council Minutes - 7/16/91 Page 11 Kathy Bowler, 22317 Van Buren , Grand Terrace, "I come to you tonight as a parent of two Colton High students and a freshman that will be coming in this next school year, so I will have three students there. My husband and I both graduated from Colton High and I was embarrassed as a citizen of Grand Terrace when I watched the meeting of June 13th and I read the article that was in the paper. Our time at Colton High has not always been perfect We 've had problems there and they' ve always been handled quickly and efficiently and we 've been happy with the way things turned out I dealt personally with Mr. Dissinger and always been happy with the way things turned out. I pray every night that my children will be good examples to their brothers and sisters, to the people in their community, and to the people that they deal with all the time, and I don 't want to make them more narrow minded and only be examples to the people just right around them but to the people of this whole area and the school district. Thank you " Ron Wright , 22914 DeBerry, Grand Terrace, "I think my views have been expressed at several different Council meetings, and I think everyone is familiar with my views so I won 't belabor the issue, but I would encourage the Council to fund the study I think that at the previous Council meeting it was clear that this would tend to clear the air once and for all If it is possible, fine, then we can go from there If it 's not possible, then we will look for other alternatives I think that there were people at the other meeting that expressed concerns about the Colton Joint Unified School , and I think those views were adequately expressed the last time, so I will not belabor the point there. The thing is , with the study, it may highlight alternatives and possibilities that may not have been considered and the things that tend to get banded around is where we would put a high school We may not even need a high school . We may be able to use existing facilities without additional expenditures, but we need professionals to do the study that are not biased, that are not tied to the City or tied to the school district or to the community. We need a professional , objective study. I think it would answer a lot of these questions once and for all The other thing that I find at this forum is that opposing viewpoints can be openly addressed There 's been a lot of discussion about getting involved in the system, work with the system, try to evolve change through working with the system. Believe me, there have been a number of parents in this community that have tried that We have attended a number of the School Board meetings. We tried to present our views at the School Board meetings. We 've tried to address the School Board relative to certain financial issues and certain political issues involving the body politic of Colton - the influence and impact of planning issues in the City beyond just the educational issues, but always it 's we' re outsiders. We don 't belong here. Why are you here? Also what I find most disgusting, when you talk at their forum, they' re sitting there with a stopwatch and at five minutes you ' re up, but I don 't see this here. This is an entirely different light Council Minutes - 7/16/91 Page 12 between here and down there, and I think what we' re trying to achieve is local control - a voice in the action - some stake in the pie My views may be unpopular, the other views may be unpopular to the other sides , but I think this is an alternative for once and for all to decide whether or not we can have a control in our school system and I think the money is well spent Thank you " Councilmember Hilkey, "I 'd like to respond without getting into a debate. I have never said the information from the San Bernardino County Superintendent of Schools would be biased . I have said that the study that was done in 1988 by the School District and information given by the School District was biased. I wanted to clarify that I have never said anything derogatory until today Things changed today. I 've never said anything derogatory about any students or any Staff in the Colton School District I have simply reported statistics that were given, not by myself, but by the School District, by the County, and by the State I gave you charts and presentations that were presented by other people. I have never said that the elementary schools are dismal I do not understand why the two Grand Terrace schools get less money than any other schools in the School District. One might prefer state ranking versus relative ranking In state ranking, the elementarys do better If you look at relative ranking in the Colton School District for elementarys, they do worse. So, if you take the one, you 're going to look better at the high schools, if you take the other, you ' ll look better at the elementarys. It depends on which one you take and then you have multiple scores and you have to take each one individually CAP scores are out this year because they didn 't fund them and there are some new tests coming in I 'm concerned about what Ron said about new schools I keep on hearing this new high school and I don 't know where that ' s coming from We have enough classrooms in this City to support the students we have We import more students than we export True, I 'm not concerned with football as much as I am academics Really, I 'm not Colton is not a charter City. It also relates to City school districts, like San Bernardino City Unified. It doesn't relate to Colton Joint Unified We contacted Loma Linda I talked to a couple of people over there Tom Tillinghast indicated that Loma Linda is very much into private schools because they get involved with religion and those who don 't like the private schools go to Redlands and the people I 've talked to over there, there 's no interest at all in splitting off from Redlands School District This isn 't a comfortable thing for me to do, but I have so many parents coming to me complaining about the results, and I see statistics showing the results that are so poor I 'm more concerned with finding examples, finding ways to improve the results I 'm not concerned with personalities or personnel , and I don 't see any alternative. I have many inputs that say we want our own school , just look into it and that 's my intentions It ' s simply responding to a barrage of people asking to just look at our own school district " Council Minutes - 7/16/91 Page 13 Mayor Matteson, "Mr Grant, would you read the letter we have received from the Superintendent?" Mayor Pro Tem Grant, "I think this is important that we share this letter from Mr. Herbert Fischer, the newly appointed Superintendent of the Colton Unified School District, with the Council and with the people in the audience. That 's particularly pertinent in view of what appears to be, at least the possibility of less than maximum participation, on the part of the public at School Board sessions either because of or in spite of the previous Superintendent. So, I found this correspondence from Mr. Fischer to be quite refreshing and very positive. It reads as follows. It 's addressed to the Council As the newly appointed Superintendent of the Colton Unified School District, I am looking forward to meeting members of the Grand Terrace community, including the elected leadership. Within the first weeks of my arrival in the District , I have had the opportunity to meet with Councilmember Herman Hilkey, City Manager Tom Schwab, and Assistant Randy Anstine, and I look forward to visiting with the other Councilmembers as schedules permit My background as an educator and resident of the San Bernardino area has provided me insight on the needs of local communities, and I, therefore, am very aware of the challenges that confront the Inland Empire, and I know that interagency cooperation is essential to address these issues And then he concludes by saying, 'As previously indicated, I will be available to discuss common areas of concerns, and I look forward to this opportunity ' That 's the letter and, Mr Mayor, I ' ll have some comments to make as you recognize the different Councilmembers. " Councilmember Carlstrom "I 'd like to respond to a couple different letters that stated that we were passive in our views towards this thing and maybe the audio portion of the television and the meeting of 6/27 wasn 't working, but, at that time, and it 's recorded in the minutes, I stated that my belief is that the school district issue is creating a breach between the Colton Joint Unified School District and the City of Grand Terrace and I think that this dissension is harmful to the students Now, I don 't think that's a passive statement, and I support the Colton Joint Unified School District I find no fault in it. If there is a majority of the citizens of Grand Terrace that want a study to check the feasibility of providing us with a new high school , then it 's my civic duty to go along with that, but I 'm not doing that from the standpoint that I find fault with the Colton Joint Unified School District. We have some very capable leaders up there We have a very positive School Board, and I want to cooperate with the school system in every way that I can. If that 's being passive, then I Council Minutes - 7/16/91 Page 14 guess I 'm passive or if I 'm guilty, I 'm guilty by association, but that 's not my feeling I do think that this has created a problem over the last two years, and I 'd like to see the thing go away once and for all . If it costs $6,000, I thought maybe that's the easy way out, but I 'm not so sure that we should spend that money because I went, I say, to this conference where we nave a $14 billion dollar State deficit. They're telling us that ,f they shut down every public institution in the State of Californ a this next year, that we would still have a $6 billiondeficit Now, those are startling figures, and we' re throwing $6,000, apparently, to the wind. And it was my understanding that the County Board of Education has a committee that will provide this information for us for free if we want it , however, when I called the County Superintendent of Schools to have a representation here at the last City Council meeting, they didn 't have anybody they could send So, I wanted somebody that we could bounce some questions off of to get some positive information. Here again, we didn 't have that assistance last time So, apparently we ' re hearing from the silent majority tonight and that 's wondering why that 's been so long in coming. " Councilmember Christianson , " I originally was in support of the study because I thought once and for all we could answer the questions and each side could argue from an unbiased study and saying it' s going to cost the citizens of Grand Terrace Y amount of dollars for a new school district, but the public dissension on both sides that I 've seen since our last meeting when we discussed it, I think, has changed my mind as a Councilman supporting this because I think it ' s tearing the community apart I 'r not sure that funding the study through the City is the way to go. I believe Ms. Patrick had an appropriate comment when she said there should be enough families out there who are in support of the study to fund it at this minimal cost. So, at this point, T 'm not in favor of the study as far as the City funding it. " Councilmember Hilkey, "The last City Council meeting the audience was full of those for the study and you heard a lot of testimony of people who have problems, especially with the high school , who had some faith in the elementary schools, some faith in :he junior High, had a problem at the high school level . At tnat time, everybody was for the study. We needed to move or with it Tonight, we' ve got some people that show up and it' s not going to be an easy course. We ask what 's incomplete about our school district, incomplete about our City, and we hear a couple of things Number one we hear about is the retail area The second thing we hear about is the high school . If we don 't aocress it as a City and we don 't hear the complaints from the citizens, then we do separate our town Citizens who live in this town are leaving it because by the time the kids get to high school , they con 't have faith in the system, and they want to leave The problems of now and the ones who had the problem leave and we don 't near from them. They' re the silent majority. They leave They rove out of Council Minutes - 7/16/91 Page 15 town. They walk with their feet and the survey we conducted a couple of years ago, even though it was not a scientific survey, the majority of people wanted you to look into forming its own school district. If we hold our position and get the study done, we ' ll know not only if the school district is possible, they' ll also point out other things that maybe there's other alternatives available to answer the problem of a pre-collegiate or more academic oriented high school , but I think we need to remember what the audience looked like last meeting. I think some of you are forgetting what the audience looked like last meeting " Mayor Matteson, "I haven 't forgotten all the people that were there. They must have lined up and took straws - you go one week and you go the next, but, anyway, I was appalled at the treatment that many of the parents were receiving when they were going to the School Board meetings. Lately, I 've seen the tide changing The letter Mr Grant just read from the new Superintendent extending his hands out to talk to us, School Board member Wendy Curran attending the last couple of meetings, showing her interest and her concern , leads me to believe that maybe there is some room for negotiations. As Mr Taylor pointed out, with these changes, maybe we should go back to the drawing table and see if there are some possibilities of working something out, and if there isn 't, then we can always come back to this scenario. My feeling is that we should table this and see if there 's possibilities of working something out with the School District and all the parents. Now, apparently we ' ve been hearing from a vocal group, concerned parents, not just a few, quite a few, and tonight we 're hearing from the other side. If you ' ve been reading the newspaper, there' ll be a letter in one day expressing one view, next day there 's a letter expressing the other view. So, somewhere in the middle, there 's got to be a solution. So, I would support ng this and seeing if we can 't work something out, and thentaf iwe can 't or if the parents can 't and they' re not satisfied, then we can always come back to this situation " Mayor Pro Tem Grant, "I 've indicated in the past that I experienced conflicting mood swings on this kind of a issue This is one of the areas in which you have to take a position and you cannot straddle the fence As background , again, for those of you who haven 't heard it, I felt that the 1988 study was an adequate study I don 't believe it was biased I had confidence in City Staff who conducted the study Once the recommendation was made and the observations were provided, I was satisfied to put this to rest. That 's the first thing that I 've said before. The second thing that I 've said before is that my daughter is a graduate of Colton High School It's been quite a few years now. Pat knows her. She's no worse for wear as a result of that experience I have talked to her She thought it rather strange. ' Why are you talking to me about Colton High all of a sudden?' I said, well , I need probably the best input I can get from anybody. I never attended Colton High My wife never did but my kid did, so I Council Minutes - 7/16/91 Page 16 talked to her about it. There were bad days, there were good days, but she went through the whole ball of wax. She went through every school in Grand Terrace. She went through Colton High. She graduated, and she 's doing quite well , and I 'm proud of her So, the experience of seeing how well she did and my observation of the 1988 study, while it was not a sophisticated, in the sense or professional in the sense that it was not a paid consultant who specialized in these things , I feel it was certainly an adequate study, and it certainly satisfied me as a layman on the subject as to the feasibility I recognize, and if anyone has had the opportunity to read this response to the request for proposals from this particular vendor, he ' s basicly saying he ' s going to kind of provide a broad brush stroke to the issue of the educational process within this district. I get the impression that they' re not going to be specific recommendations relative to things that have been pointed out by some of the folks not only tonight, but previous occasions I think one of the most crucial things, though, that has affected my thinking, is the thing that I didn 't until I walked up to my little office here in the Council building, and I read this letter from Mr Fischer. Now, he does not refer specifically to this problem, this controversy, but here' s an individual who 's saying, 'Hey, I 'm the Superintendent. I may not be a member of the School Board, but I have a lot to say because I am the Superintendent. The School Board must have faith in me. They hired me. Therefore, I do have some influence. Therefore, I want to look at things objective. I want to start fresh with all the communities - Bloomington, Colton, Grand Terrace and all the unincorporated areas. ' I thought that this was a breath of fresh air. This guy doesn 't seem to have an ax to grind He 's new. He's the new guy on the block Someway, somehow Mr. Fischer should be given an opportunity to show that there can be substantive changes in the way our children in Grand Terrace are educated. This is very important to me because I 'd like to see the success of my daughter carry on with the children that are now getting ready to go to Colton High. So, you know Mr Mayor, again I felt that the study would put this issue to bed once and for all I said that two years ago. I thought that the informal study would put the issue to bed once and for all It did not I 'm gratified that the vendor that you recommended is $500 cheaper Table it. I think that's a good idea Let ' s get together with Herbert R Fischer. We 've had a School Board member get up tonight and make some very valid statements Let 's get together Let ' s reason together We can do this again. This is not over with If it turns to be wrong, then we can bring it back There ' s no statute of limitations on this If we ' re not happy, we can bring it back I think the Mayor's recommendation is good I think we should give the School District They know we' re upset. They know this community's upset, but we want to be darn sure of what it is we 're upset about So, let 's sit down, figuratively speaking, with Mr. Fischer and his Staff and whoever on the Council . First of all , I think Ron Wright 's statement about the limitations of the meetings of the School Board does have some merit I 'm proud of the fact Council Minutes - 7/16/91 Page 17 that this Council has never had that time restriction. Now, the press of business precludes them allowing more time although question that I maybe think they ought to have a better opportunity. I The citizens who pay the taxes ought to have more than having t look at someone 's watch to hurry up, but, all in all , I think that we should to give the School District a little bit more time to maybe resolve the problems. And let 's face it, we will save $6,000. So, at this time, Mr Mayor, I 'm still ambivalent about the issue, but I do not feel that we are serving the well by rushing head long into this thing atthisrs n this communitybase again, we 've had a study. I 've had g point because, success of that high school personal experience with she had gone through, she 'd have been a failure,maybe if I aIe another' know,i butd all I know is it worked out. Ma or Matteson "I just noticed that another School Board member, Pat Nix, is sitting up there in the audience some concern So, the Chair 's survey until we make another attempt at workingThat shows me going to make a motion to table this with the School District. " the problems out Councilmember Hilke "Do you have a time frame? to those who put an effort i n to I think we owe it a ahead of us To look at it at a seta timeti,me frame, put a monument Mayor Matteson, "If your committee or draw up some type of grievance paper, I will personallyp take eitould discuss it with the Superintendent and see if we can 't work out thee concerns of everybody involved. I think if we get two are not emotionally involved, we might come up with some solutions and bring it back to people that itn It depends on what your It is hard to put a number of days on concerns are Whether your concerns takes 30 days or six months. " Councelmember Hilke , "Are you list of concerns and change eques 99esting that we put together a Mayor Matteson, "Whatever you feel . Write it down. Give it to me I will Wmake van er el se 's is onme your h thed Superintendent of Schools and sit down and discuss 01 it appointment th with h that ' ll be a starting pointoand something out, satisfy both sides, then we 're tha t better offIfefoca r itwork Councelmember Hilke "I 'm kalong with it whether I lieiit to note this, so I ' ve got to go have, and they both relate to time The first is the children There 's two concerns I who are looking at what they feel is unacceptable atmosphere over the next couple of years are you 'reex takingtonight going to lose six months b 9 Secondly, they will form a committee the actAodd on that committee will be people who, as in the past pick committees and we found out later in the newspaperthey had a parent committee, I 'm concerned if they Y form a committee, Council Minutes - 7/16/91 Page 18 who' s on that committee Typically school districts form committees " Mayor Matteson, "Well , I think that it only makes common sense that when you form a committee that you have people that represent both avenues of thought so that you come up with something that ' s workable for both sides rather than one side because if you go one-sided , you ' re going to end up right where we are right now. So, it has to be something that 's workable So, let 's do that, and we ' ll take from there and discuss it as we go along. " Mayor Matteson , "Ninety days We' ll take that as a target date and see what we work out " City Manager Schwab, "That would be the second meeting in October. " Councilmember Hilkey, "We need you to put it well in front of the election or well after the School Board election. " Mayor Matteson , "Well , it all depends on what your requirements are. We can 't give you a date until we see what you ' re looking at There are certain things that can 't be turned around in a couple of months, but you will have information before that because I will meet with the Superintendent shortly after I get the concern letter. " Mayor Matteson , "By the October 24th meeting I mean I ' ll report to you after our meeting as we go along I won 't wait until October " Councilmember Hilkey, "O.K By October 24th " CC-91-120 MOTION BY MAYOR MATTESON, SECOND BY MAYOR PRO TEM GRANT, CARRIED 4-1 (COUNCILMEMBER HILKEY VOTED NO) , to table the awarding of a contract to conduct a feasibility study regarding the possible establishment of a Grand Terrace School District until the October 24, 1991 City Council Meeting NEW BUSINESS 8A Annual Levy of Assessment - FY 1991-92, City of Grand Terrace Landscaping and Lighting District 89-1 CC-91-121 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER CARLSTROM, CARRIED 5-0, to adopt the Resolution ordering the preparation of plans, specifications, cost estimate, diagram, assessment and report for proceeding for the annual assessment levy after formation of a District, to adopt the Resolution approving the Engineer 's Report regarding the City Council 's intention to provide for an annual levy and collection of assessments for maintenance in an existing Landscaping and Lighting District , and to adopt the Council Minutes - 7/16/91 Page 19 Resolution relating the intention of the City to set the Public Hearing for Thursday, August 8, 1991, at 6 00 p.m. 8B A Resolution Providing for Final Approval of Lease Agreements in Connection with the Issuance by the Grand Terrace Public Financin Authority of Not to Exceed S3,500,000 Principal Amount of 1991 Lease-Purchase Revenue Bonds, Series A, and Providing Other Matters Properly Relating Thereto A Resolution Authorizing the Issuance of Not to Exceed $3,500,000 Principal Amount of 1991 Lease-Purchase Revenue Bonds, Series A, Authorizing and Directing Execution of an Indenture of Trust and Lease Agreements , Authorizing the Sale of Bonds, Approving Official Statement and Providing Other Matters Properly Relating Thereto A Resolution Pledging as Additional Security Monies Credited to the Motor Vehicle License Fee Account in the Transportation Tax Fund Established Pursuant to Section 11001 of the Revenue and Taxation Code CC-91-122 MOTION BY MAYOR MATTESON, SECOND BY COUNCILMEMBER CARLSTROM, CARRIED 5-0, to adopt the Resolutions relating to Lease Agreements between the City of Grand Terrace and the Public Financing Authority and the issuance of lease-purchase bonds, Series A, with the stipulation that the bond issue will return to Council should the interest rate exceed 8% and with the deletion of improvements to Pico Park. ORDER OF ADJOURNMENT Mayor Matteson adjourned the City Council meeting at 8 00 p m. , until the next regular CRA/City Council meeting, which is scheduled to be held on Thursday, July 25, 1991. Deputy City Clerk of the City of Grand Terrace MAYOR of the City of Grand Terrace PENDING CITY CITY OF GRAND TERRACE COUNCIL APPROVAL CITY COUNCIL MINUTES REGULAR MEETING - JULY 25, 1991 A regular meeting of the City Council of the City of Grand Terrace was called to order in the Council Chambers, Grand Terrace Civic Center, 22795 Barton Road , Grand Terrace, California, on July 25, 1991 at 6 00 p.m PRESENT Byron Matteson, Mayor Hugh J. Grant, Mayor Pro Tem Gene Caristrom, Councilmember Ronald Christianson , Councilmember Herman Hilkey, Councilmember Thomas J. Schwab, City Manager/Finance Director Randall Anstine, Assistant City Manager Phil Bush, Assistant Finance Director Patrizia Materassi , Planning Director Brenda Stanfill , Deputy City Clerk Alan Burns, Deputy City Attorney Joe Kicak, City Engineer ABSENT John Harper, City Attorney The meeting was opened with invocation by Pastor Tom Comstock , Assembly of God, followed by the Pledge of Allegiance led by Councilmember Hilkey. Mayor Matteson convened City Council meeting at 6 00 p m Mayor Matteson reconvened City Council meeting at 6 10 p.m SPECIAL PRESENTATIONS 2A Mayor Matteson presented Detective Cliff Nash with a Certificate of Commendation for his assignment to the West Valley Detention Center with the new rank of Sergeant and for his three years of service to the City as a Detective with the San Bernardino County Sheriff's Department Mayor Matteson read a Proclamation designating the week of July 27-August 2, 1991 as "Senior Citizens Week. " CONSENT CALENDAR CC-91-123 MOTION BY MAYOR PRO TEM GRANT, SECOND BY COUNCILMEMBER CHRISTIANSON, CARRIED 5-0, to approve the remainder of the Consent Calendar with removal of Item D. COUNCIL AGENDA ITEM# 3 D Council Minutes - 7/25/91 Page 2 A. APPROVE CHECK REGISTER NO. 072591 B RATIFY 07/25/91 CRA ACTION C WAIVE FULL READING OF ORDINANCES ON AGENDA E RECYCLING EXEMPTIONS F AWARD ANNUAL STREET & STORM DRAIN MAINTENANCE CONTRACT G ACCEPT GRANT DEED (KRONMILLER) H NOTICE OF COMPLETION (ROADWAY CONSTRUCTION) I NOTICE OF COMPLETION (CAL MOBILE) ITEMS REMOVED FROM CONSENT CALENDAR 3D Approve 7/16/91 Minutes Councilmember Hilkey requested that Item 7A. of the July 16, 1991 Special City Council Meeting be rendered verbatim PUBLIC COMMENT Ron Wright, Grand Terrace, stated that conditions regarding his occupation precluded him from revealing his address to the public but indicated that anyone who wished to do so could contact him through the City Hall He voiced his dissatisfaction with Council 's decision , at the July 16, 1991 Council meeting , to table the school district issue He indicated that he and others believed that the matter had been settled at the June 27, 1991 City Council meeting with Council ' s action to request bids from various vendors for the school district feasibility study He expressed dismay that the untelevised Special Meeting of July 16, 1991 focused upon the validity of the issue, emphasizing that that had already been debated , rather than the merits of the vendors who had submitted bids to the City He aired his belief that many people were unaware of the Council ' s action until recently when articles regarding the issue appeared in local newspapers He read an article from the Press Enterprise that detailed the events of the July 16, 1991 City Council meeting He disagreed with Councilmember Carlstrom' s assertion , at the July 16, 1991 meeting, that the City was hearing from 'the silent majority' who opposed the study, adding that he believes many people who were dissatisfied with the Colton Joint Unified School District have already left the City. He expressed doubts as to whether the new Superintendent would be able to effect the necessary changes and proffered his belief that it was time for a change in the School Board , suggesting that people with children in the district would be more appropriate members for the Board Council Minutes - 7/25/91 Page 3 Ed O' Neal , 22608 Minona Dr. , Grand Terrace, emphatically expressed his support of the Colton School District. He inquired whether anyone had viewed a television program entitled "Berkeley in the Sixties," and implied a correlation between the program and the City's handling of the school district issue, speculating that the City establishment was is no longer representing the community. He expressed his belief that the school issue, if mishandled, could cause serious dissension in the City. He emphasized his opinion that Council should adequately fund any study that Council may authorize. He indicated his conviction that - an unbiased , statistically defensible study, although expensive, would provide the Council with a document from which to make a decision and educate the citizens He suggested that the study address whether the school district would be politically possible, technically feasible, and financially sound , adding that a negative at any point would halt any further action on the issue. He concluded that with the successful completion of all three steps, the proponents could present the document to the citizens and begin the political process to establish a new school district. Matthew Addington, Board of Directors, Grand Terrace Chamber of Commerce, announced that the Grand Terrace Chamber of Commerce is sponsoring a Spirit baseball game at 7 05 p.m. on Thursday, August 1, 1991 and stated that the event tickets are free and available at the Chamber office. He commented that the Chamber has been assisting the Senior President with the Grand Opening of the new Senior Center, which will be held on July 27, 1991 He indicated that the Chamber will be judging, along with Miss Grand Terrace and her Court, the Little Miss Colton Pageant, which also will be held on July 27, 1991. He stated that the Chamber is planning a ,joint Golf Tournament with the Colton Chamber of Commerce on September 7, 1991 and added that the Chamber is in the process of planning the Little Miss Grand Terrace Pageant and the Chamber 's Annual Installation Dinner, which will be held in October ORAL REPORTS 5A. Committee Reports 1 Historical & Cultural Committee (a) Minutes of 7/1/91 CC-91-124 MOTION BY MAYOR PRO TEM GRANT, SECOND BY COUNCILMEMBER CHRISTIANSON, CARRIED 5-0, to accept the Historical & Cultural Committee Minutes of July 1, 1991 2 Crime Prevention Committee (a) Minutes 6/17/91 CC-91-125 MOTION BY MAYOR PRO TEM GRANT, SECOND BY COUNCILMEMBER CHRISTIANSON, CARRIED 5-0, to accept the Crime Prevention Committee Minutes of June 17, 1991. Council Minutes - 7/25/91 Page 4 (b) Change Status of Committee Members CC-91-126 MOTION BY COUNCILMEMBER CHRISTIANSON, SECOND BY COUNCILMEMBER HILKEY, CARRIED 5-0, to accept the resignation of Earl N. Litts as a regular member and appoint him as a non-voting, alternate member of the Crime Prevention Committee and to re-classify alternate member Mike Fasenmyer as a regular, voting member of the Committee. 3 Emergency Operations Committee (a) Minutes of 3/18/91, 5/20/91 & 6/17/91 CC-91-127 MOTION BY COUNCILMEMBER CHRISTIANSON, SECOND BY MAYOR PRO TEM GRANT, CARRIED 5-0, to accept the Emergency Operations Committee Minutes of March 18, 1991, May 20, 1991, and June 17, 1991 5B Council Reports Mayor Matteson , stated that information that appeared in the Senior newsletter which indicates that seniors can receive a discount for their sewer bills was erroneous and clarified that seniors 60 years of age or older are entitled to a 10% reduction in the base rate of their trash collection bill . He commented further that he has received calls from many citizens who have expressed their concerns about vehicles speeding on De Berry Street and have cited the traffic hazards at the intersection of Grand Terrace Road and Mt. Vernon Avenue. He indicated that the City approved radar surveillance on De Berry previously and stated that the City will increase control at that site once again He acknowledged the dangers at the junction of Grand Terrace Road and Mt. Vernon Avenue, commenting that something does need to be done about that situation . He requested that the City Engineer look into the issue and report back to Council with a solution. He announced that he received an invitation to participate with other area Mayors in a legal Bungee jumping event He mentioned that Council received a letter from the Grand Terrace Convalescent Hospital requesting permission for 30-minute parking for loading and unloading at that site, and he asked the City Manager to respond on behalf of the City Council detailing the safety hazards inherent in the situation He reminded the public that the dedication of the new Senior Center on Grand Terrace Road will be on Saturday, July 27, 1991 from 6 00-7 00 p m. Mayor Pro Tem Grant, concurred with the Mayor regarding the intersection of Grand Terrace Road and Mt. Vernon Avenue and suggested that installing a yellow, flashing light at that location might be the most effective device to reduce the danger City Manager Schwab, indicated that Staff would respond to the Convalescent Hospital and examine and present alternatives to them that would ensure a safe solution to the parking request. Council Minutes - 7/25/91 Page 5 Mayor Pro Tem Grant indicated his satisfaction with the new Senior Center and invited the community to the dedication, commenting that the Senior Center was built in a good location and will be compatible with the park in that area He expressed delight that the graffiti at the old GTI location was removed. Councilmember Hilkey, expressed displeasure with the media coverage of the school district issue, indicating his belief that letters to the editor that were printed in The Sun newspaper and were pro-establishment received priority in the publication. He referred to an anonymous letter which he received regarding accusations about the high school and requested that the author contact him so that he can act on the matter. needs clarification of the City' sHe stated that he graffitipoli . ng the school issue, he explained that the City doescy ynot Rneeddito buy school buildings since those building will belong to the State and added that 80-85% of school financing comes from the State and funds the students He commented that 60 school district reorganizations are attempted every year but indicated that he believes that few of them are successful , citing the failures of Upland, Etiwanda, and Desert Center He added that the mini study would answer the three criteria mentioned by Mr. Ed O'Neal . Ma or Matteson, requested that all of the Councilmembers be given a written document of the City 's graffiti policy with the Graffiti Hotline number included City Manager Schwab indicated that the City established the 48 hour graffiti removal deadline but explained that most graffiti appears on private property, and the City needs the owners ' permission to enter onto the property to remove the graffiti . He added that many owners do not want their property sandblasted or painted, therefore, the City must resort to the Abatement process to eradicate the graffiti He commented that the owner of the old GTI market purchased the paint which was used to cover the graffiti on that property. Ma or Pro Tem Grant, queried the City Manager as to whether any action has been taken to update the population on the City's Cal-trans signs. Assistant City Manager Anstine reported that the City has ordered the construction of a spec overlay which will be affixed to the signs and will reflect the current population. Councilmember Christianson, commended the two anonymous citizens who painted over the graffiti on the canal on Mt Vernon Avenue. He inquired whether the City has developed an Ordinance to outlaw the pilfering of recyclables in Grand Terrace City manager Schwab, assured Councilmember Christianson that the City Clerk s Office is researching the matter and will draft the Ordinance, which then will be brought before Council . Council Minutes - 7/25/91 Page 6 Councilmember Carlstrom, expressed his desire that the parking problem be resolved for the Grand Terrace Convalescent Hospital and concurred that a flashing warning light at the junction of Grand Terrace Road and Mt. Vernon Avenue would benefit the City. Mayor Matteson, commented that there are warning bumps in the road on the approach to Colton and suggested that as a possible alternative to a warning light at the intersection of Mt. Vernon Avenue and Grand Terrace Road. He commended the Sheriff' s Department on their prompt capture of a suspect in a robbery that recently occurred in the City. CLOSED SESSION Mayor Matteson announced that Council went into Closed Session to discuss the potential acquisition of the Southern California Edison parkland. No decisions were made. ORDER OF ADJOURNMENT Mayor Matteson adjourned the City Council meeting at 7 20 p m , until the next regular CRA/City Council meeting , which is scheduled to be held on Thursday, August 8, 1991 Deputy City Clerk of the City of Grand Terrace MAYOR of the City of Grand Terrace DATE August 1, 1991 , STAFF REPORT CRA ITEM ( ) COUNCIL ITEM ( xx) MEETING DATE August 8, 1991 SUBJECT' STATEMENT OF INVESTMENT POLICY FOR THE CITY OF GRAND TERRACE Section 53600 of the Government Code requires the City Treasurer to render to the governing body an Annual Statement of Investment Policy The Investment Policy for the City of Grand Terrace is a conservative version of the model adopted by the California Municipal treasurers ' Association The City has maintained the same policy as the initial version drafted in 1985 and adopted each year thereafter. the City of Grand Terrace maintains a moderate investment strategy with safety of the principal being the most important rule for selection of an investment The investment philosophy is to ensure the safety of the portfolio, and maintain a sufficient liquidity foi ongoing cash needs while yielding the highest return possible STAFF RECOMMENDS THAT COUNCIL ACCEPT THE ATTACHED S'IArEMENI' OF INVESTMENT POLICY AS SET FORTH BY THE CITY TREASURER TS bt ATTACHMENT COUNCIL AGENDA ITEM# 3 E. STATEMENT OF INVESTMENT POLICY FOR THE CITY OF GRAND TERRACE 1991-92 PURPOSE This statement is intended to provide guidelines for the prudent investment of the City ' s idle cash and to outline the policies for maximizing the efficiency of the City ' s cash management system The ultimate goal is to enhance the interest earnings of the portfolio while ensuring the safety of the pooled cash OBJECTIVE The City ' s cash management system is designed to accurately monitor and forecast expenditures and revenues , thus enabling the City to invest funds to the fullest extent possible The City attempts to obtain the highest yield obtainable as long as investments meet the criteria established for safety and liquidity Investments may be made in the following media Securities of the U S Government or its Agencies Certificates of Deposits or Time Deposits placed with Savings and Loans or Banks that are fully insured by the FDIC or FSLIC Negotiable Certificates of Deposits Bankers ' Acceptances Commercial Paper Local Agency Investment Fund ( State Pool ) Repurchase Agreements Passbook Savings Accounts CRITERIA FOR SELECTING INVESTMENTS AND THE ORDER OF PRIORITY 1 SAFETY. The safety and risk associated with an investment refers to the potential loss of principal , interest , or a combination of these amounts The City only operates in those investments considered very safe 2. LIQUIDITY. ahis refers to the ability to convert to cash with minimal chance of losing some portion of principal or interest. CITY OF GRAND TERRACE PAGE TWO STATEMENT OF INVESTMENT POLICY 3 YIELD Yield is the potential dollar earnings an investment can provide , otherwise known as rate of return. SAFEKEEPING Securities purchased from broker dealers shall be held in third party safekeeping by the Trust Department of the City ' s bank or other designated third party trust. The City strives to maintain the level of investment of all funds as near 100 percent as possible. Idle cash management and investment transactions are the responsibility of the Finance Department under the direction of the City Treasurer. The basic premise underlying the City ' s Investment Policy is to ensure the absolute safety of the portfolio, maintaining sufficient liquidity for ongoing cash needs while achieving the highest return possible -----"t7)--- - Thomas Schwab, City Treasurer CITY OF GRAND TERRACE • c► Ty t Y /� 12 453 GRt1ND TERR CE E G �n. -•VfMa.uI 41'• -95 Barton Road Gland Terrace DATE_ August 2, 1991 C ' '�rnia 92;24 52y5 MEETING DATE August 8, 1991 Civic Centel (714) 824-6621 ' SUBJECT Annual Levy of Assessment - F Y 1991-1992, l City of Grand Terrace Landscaping and Lighting District 89-1 At their regular meeting of July 16, 1991, City Council approved the preliminary Engineer's Report for the levy of 1991-1992 F Y annual Assessment an Landscaping and Lighting Assessment District 89-1 The Public Hearing on the Byron R Matteson proposed Assessment has been set for this date moor Attached will find order of procedures prepared by the Hugh J Grant City Attorney for the proceedings for this year's levy \l t}or Pro limpotL STAFF RECO MENDa THE THE_ CITY COMM ene Carlstrom 1 Conduct a Public Hearing teal« �,l Ch►isttansoii Heiman H>lkey council Mumt,L„ 2 Adopt a Resolution confirming the diagram and Assessment and Thomas ) Schwab levy the Assessments as shown in the Engineer's Report ctt\ M in tgu JR dlk 1 (Copies of the report were furnished to the City Council on July 16, 1991) j COUNCIL AGENDA ITEM# (04 ORDER OF PROCEDURE CITY OF GRAND TERRACE LANDSCAPING AND STREET LIGHTING DISTRICT PUBLIC HEARING DATE August 8, 1991 STAFF Present ENGINEER'S REPORT, general discussion of LANDSCAPING AND STREET LIGHTING DISTRICT NO 89-1 CITY COUNCIL See attached INSTRUCTION SHEET-PUBLIC HEARING Adopt RESOLUTION CONFIRMING ASSESSMENT INSTRUCTION SHEET - PUBLIC HEARING CITY OF GRAND TERRACE LANDSCAPING AND STREET LIGHTING DISTRICT NO 89-1 PUBLIC HEARING MAJORITY PROTEST Any interested person may file a wntten protest with the City Clerk, stating the grounds for their objection Said protest shall contain a description of the property sufficient to identify said property All interested persons shall be afforded the opportunity to be heard at the Public Hearing, and for purposes of determining whether or not a majority protest exists, the test is whether or not, upon the conclusion of the Public Hearing, written protests filed, and not withdrawn, represent property owners owning more than fifty percent (50%) of the area Proceedings are to be abandoned if a majority protests unless overruled and denied by a four-fifths (4/5) vote by all members of the Council If a majority protest does exist, I would recommend that the Heanng be continued for further consideration ASSESSMENT ROLL If there are to be no changes or modifications in the individual assessment amounts, then the assessment roll as previously prepared should be confirmed A copy of the confirmed assessment should be filed in the Office of the City Engineer, with a duplicate copy on file in the Office of the City Clerk and open for public inspection RESOLUTION CONFIRMING ASSESSMENT The adoption of this Resolution constitutes the levy of the special assessment for the fiscal year so referred to in the assessment COUNTY AUDITOR Immediately after the adoption of the Resolution Confirming the Diagram and the Assessment, and no later than the August 23, 1990, the Clerk shall file a copy of the assessment diagram and the assessment, or a certified copy thereof, with the County Auditor I would recommend tha t together with a copy of the diagram and assessment, a certified copy of the Resolution Confirming the Assessment be forwarded also FISCAL YEAR The assessment, as levied for these proceedings, will relate to the fiscal year commencing July 1, 1991, and ending June 30, 1992 Note that an annual updating of the proceedings will be required for each subsequent fiscal year to accomplish the levy for the ensuing fiscal year FUTURE PROCEEDINGS Be advised that it is necessary, each year, to update the Engineer's "Report" and approve said "Report" for the ensuing fiscal year We should all probably mark our calendars for some time after the first of the year to begin the process CHANGES AND MODIFICATIONS AT HEARING During the course of the Public Hearing, or upon the conclusion of said hearing, the legislative body may order changes in the improvements, the boundaries of the District, or any zones thereof The legislative body may, without further notice, order the exclusion of temtory from the District, but no property shall be added to said District except upon the following terms and conditions a Upon written request by a property owner for the inclusion of his property, b Upon the legislative body declaring its intention to add additional property and directing that mailed notice be given to the property owners within the area proposed to be annexed I would recommend that if any changes are to be considered, the matter be continued so that the proper documentation can be drafted RESOLUTION NO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE CONFIRMING A DIAGRAM AND ASSESSMENT AND PROVIDING THE ANNUAL ASSESSMENT LEVY AFTER FORMATION OFA DISTRICT WHEREAS, the City Council has initiated proceedings for the annual levy of the assessments for a street lighting distract pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972", being Part 2 of Division 15 of the Streets and Highways Code of the State of California, in a district known and designated as CITY OF GRAND TERRACE LANDSCAPING AND STREET LIGHTING DISTRICT NO 89_1 WHEREAS, the City Council has ordered the preparation of a report and the City Engineer has prepared and filed with this City Council a report pursuant to law for its consideration and subsequently thereto this City Council did adopt its Resolution of Intention to levy and collect assessments for the next ensuing fiscal year relating to the above-referenced District, and further did proceed to give notice of the time and place for a Public Hearing on all matters relating to said annual levy of the proposed assessment, and, WHEREAS, at this time, this City Council has heard all testimony and evidence and is desirous of proceeding with said annual levy of assessments NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grand Terrace does hereby resolve, determine and order as follows SECTION 1 That the above-recitals are all true and correct SECTION 2 That upon the conclusion of the Public Hearing, written protests filed and not withdrawn, did not represent property owners owning more than fifty percent (50%) of the area of assessable lands within the District, and all protests are overruled and denied SECTION 3 That this City Council hereby confirms the diagram and assessment as submitted and order the annual levy of the assessment for the fiscal year and in the amounts as set forth in the Engineer's Report and as referred to in the Resolution of Intention as previously adopted relating to said annual assessment levy SECTION 4 That the diagram and assessment as set forth and contained in said Report are hereby confirmed and adopted by this City Council SECTION 5 That the adoption of this Resolution constitutes the levy of the assessment for the fiscal year SECTION 6 That the estimates of costs, the assessment diagram, the assessments and all other matters, as set forth in Engineer's "Report", pursuant to said "Landscaping and Lighting Act of 1972", as submitted, are hereby approved, adopted by this City Council and hereby confirmed SECTION 7 That the maintenance works of improvements contemplated by the Resolution of Intention shall be performed pursuant to law and the County Auditor shall enter on the County Assessment Roll the amount of the Assessment and said assessment shall then be collected at the same time and in the same manner as the County taxes are collected After collection by said County, the net amount of the assessment shall be paid to the City Treasurer of said City 2 SECTION 8 That the City Treasurer has previously established a special fund known CITY LANDSCAPING AND SOREST LF IGHTING TERRACE HT IlVG DISTRICT NO 89-1 into which the City Treasurer shall place all monies collected by the Tax Collector the provisions of this Resolution and law and said transfer shall be made and pursuant to accomplished as soon as said monies have been made available to said City Treasurer SECTION 9 That the City Clerk is hereby ordered and directed to file a certified of the diagram and assessment roll with the CountyAuditor, copy together with a certified copy of this Resolution upon its adoption 3 SECTION 10 That a certified copy of the assessment and diagram shall be filed in the office of the City Engineer, with a duplicate copy on file in the Office of the City Clerk and open for public inspection PASSED, APPROVED and ADOPTED this day of , 1991, by the following vote AYES NOES ABSENT ABSTENTIONS BYRON MA'FI'ESON, MAYOR CITY OF GRAND TERRACE STATE OF CALIFORNIA ATTEST BRENDA STANFILL, CITY CLERK CITY OF GRAND TERRACE APPROVED AS TO FORM JOHN HARPER, CITY ATI ORNEY 4 c_iry RAND TERRr � Planning Department STAFF REPORT TO City Council FROM Planning Department via the City Manager DATE August 8, 1991 SUBJECT Funds available to cities for Air Quality Management Plan Implementation *********************************************************** BACKGROUND The State Legislature passed a bill (AB 2766) authorizing the imposition of an additional motor vehicle registration fee of two dollars ($2 00) on April 1, 1991, with a subsequent increase of four dollars ($4 00) by April 1, 1992 The fees generated from this increase are to be allocated to cities and counties that adopt an ordinance to support projects and programs to reduce air pollution from motor vehicles The program seems to be a simple way to qualify for approximately $7,598 (refer to Attachment B) this year to pay for services such as review of the Air Quality Element, Congestion Management Plan and other regional-type related legislation or programs that are being developed and implemented at the local level Please refer to Attachment C for a letter from South Coast Air Quality Management District to the Mayors and City Council Members and for a summary of and a copy of chartered AB 2766 In order to receive these funds, the City needs to adopt a Mobile Source Air Pollution Reduction Ordinance and set up an account for the deposit of the funds RECOMMENDATIONS The Planning Department recommends that the City Council moves to adopt an ordinance supporting the reduction of Mobile Source Air Pollution and establish an account into which the fee revenues will be deposited COUNCIL AGENDA ITEM# ( 13 22795 Barton Road • Grand Terrace, Calilornra 92324-5295 • (714) 824-6621 Respectfully submitted, -,T-2.A_,,ciAkt_ s-s,_, , Patnzia Materassi Planning Director PM ma Attachments A - Mobile Source Air Pollution Reduction Ordinance B - Estimates of the vehicle registration revenues for each J unsdiction C - Summary of Assembly Bill 2766 (SHER) Copy of Assembly Bill 2766 ORDINANCE NO MOBILE SOURCE AIR POLLUTION REDUCTION ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,CALIFORNIA ADDING TITLE 16 TO THE GRAND TERRACE MUNICIPAL CODE ENTITLED "REGIONALREGULATIONS"AND ADDING CHAPTER 16 04 THERETO PERTAINING TO MOBILE SOURCE AIR POLLUTION REDUCTION AND VEHICLE REGISTRATION FEES The City Council does hereby find and determine as follows WHEREAS, increasingly, cities are being regulated by regional regulations requiring a coordinated approach, and WHEREAS, the City Council does hereby desire to establish a title of the Grand Terrace Municipal Code that sets forth regional regulations, and WHEREAS, the City is committed to improving the public health, safety and welfare, including air quality, and WHEREAS, mobile sources are a major contributor to air pollution in the South Coast Air Basin and must be reduced to attain the air quality goals for the region established by the State, and WHEREAS, the South Coast Air Quality Management Plan (AQMP) calls upon cities and counties to reduce emissions from motor vehicles consistent with the requirements of the California Clean Air Act of 1988 by developing and implementing mobile source air pollution reduction programs, and WHEREAS, such programs place demands upon the City's funds, therefore, those programs should be financed by shifting the responsibility for financing from the general fund to the motor vehicles creating the demand, to the greatest extent possible, and WHEREAS, Section 44223, added to the Health and Safety Code by action of the California Legislature on September 30, 1990, authonzes the South Coast Air Quality Management District (SCAQMD) to impose an additional motor vehicle registration fee of two dollars ($2), commencing on April 1, 1991, increasing to four dollars ($4), commencing on April 1, 1992, to finance the implementation of transportation measures embodied in the AQMP and provisions of the California Clean Air Act, and WHEREAS, forty cents of every dollar collected under Section 44223 of the Health and Safety Code shall be distributed to cities and counties located in the South Coast Air Quality Management District that comply with Section 44243 of the code, based on the jurisdictions' prorated share of population as defined by the State Department of Finance, and ATTACHMENT A WHEREAS, the City is located within the South Coast Air Quality Management District and is eligible to receive a portion of the revenues from the additional motor vehicle registration fees contingent upon adoption of this ordinance, and WHEREAS, the prorated share of the fee revenues for cities that fail to adopt an ordinance pursuant to Section 44243(B)(3) of the Health and Safety Code shall be distributed instead to the jurisdictions within the District that have adopted an ordinance, NOW, THEREFORE, the City Council does ordain as follows Section 1 That Title 16 "Regional Regulations" and Chapter 16 04 "Mobile Source Air Pollution Reduction and Vehicle Registration Fees" are hereby added to the Grand Terrace Municipal Code to read TITLE 16 REGIONAL REGULATIONS CHAPTER 16 04 MOBILE SOURCE AIR POLLUTION REDUCTION AND VEHICLE REGISTRATION FEES 16 04 010 Intent This ordinance is intended to support the SCAQMD's imposition of the vehicle registration fee and to bring the City into compliance with the requirements set forth in section 44243 of the Health and Safety Code in order to receive fee revenues for the purpose of implementing programs to reduce air pollution from motor vehicles 16 04 020 Definitions For the purpose of this Chapter, the definition of the following terms shall apply (a) "City"shall mean the City of Grand Terrace (b) "Mobile source air pollution reduction programs" shall mean any program or project implemented by the City to reduce air pollution from motor vehicles which it determines will be consistent with the California Clean Air Act of 1988 or the plan proposed pursuant to Article 5 (commencing with Section 40460) of Chapter 5 5 of Part 3 of the California Health and Safety Code (c) "Fee Administrator" shall mean the Finance Director of the City or his/her designee 16 04 030 Administration of Vehicle Registration Fee (a) Receipt of Fee The additional vehicle registration fees disbursed by the SCAQMD and remitted to the City, pursuant to this ordinance, shall be accepted by the Fee Administrator (b) Establishment of Air Quality Improvement Trust Fund The Fee Administrator shall establish a separate trust fund to receive deposits of these funds (c) Transfer of Funds Upon receipt of vehicle registration fees, the Fee Administrator shall deposit such funds into a separate Fund established pursuant to Subsection (2) above All interest earned by the Trust Fund Account shall be credited only to that account (d) Expenditure of Air Quality Trust Fund Revenues All revenues received from the SCAQMD and deposited in the Trust Fund Account shall be exclusively expended on mobile source emission reduction programs as defined in Section 16 04 020(b) above Such revenues and any interest earned on the revenues shall be expended within one (1) year of the completion of the programs (e) Audits The City consents to an audit of all programs and projects funded by vehicle registration fee revenues received from the SCAQMD pursuant to Section 44223 of the Health and Safety Code The audit shall be conducted by an independent auditor selected by the SCAQMD as provided in Sections 44244 and 44244 1(a) of the Health and Safety Code Section 2 The provisions of this ordinance shall be construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety, welfare and convenience Section 3 Should any sentence, section, clause, part or provision of this ordinance be declared by a court of competent junsdiction to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part declared to be invalid Section 4 The City Clerk shall certify to the adoption of this ordinance and cause it to be posted as required by law This ordinance shall take effect thirty (30) days after adoption First read at a regular meeting of the City Council of said City held on the 8th day of August, 1991, and finally adopted and ordered posted at a regular meeting of said City Council on the 22nd day of August, 1991 ATTEST City Clerk of the City of Grand Terrace Mayor of the City of Grand Terrace and of the City Council thereof and of the City Council thereof I, Brenda Stanfill, Deputy City Clerk of the City of Grand Terrace, California, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 8th day of August, 1991 by the following vote AYES NOES ABSENT ABSTAIN Deputy City Clerk Approved as to form City Attorney ESTIMATED VEHICLE REGISTRATION REVENUE (AB 2766) DISBURSEMENTS' FOR SAN BERNARDINO COUNTY 1 FY 1991-92 i .NAME " TOTAL (1) % OF TOTAL E 27 4LAi) CITY w POPULATION DISTRICT POP. DOLLARS 1 ) v , n A v Big Bear Late 6,650 0 O5% , . $4,432 Chino 59,600 0 45% 39,722 Calms 39,700 0 30% 26,459 FiintanR s 87,400 0 66% 58,250 CI-MCI Taco 11,400 0 09% x 7,598- ....._ Hig#ita c:- n ' 32,750 0 25%s '---21;Z27 4 T Lures Lind ., va 15,550 0 12%'" ` < 10, : / ,v Montclair\ : 27,100 0 20%" '� 18,DGL Ontario h „ ' 129,300 0 97%, v,86;I75 ' Itapcha Cucamo 115,000 0 86%"" 76,644 Redla .h, v 62,900 0 47% 41,921 Rialto v ' 70,300 0 53%- v 46,853 San Bernardino 159,900 1 20% .. A<T06,569 r#plan&w,: :.n% 65,000 0 49%'...- "43,321.! < Yucaipa<(3) n 53,139 0 40%n , <35,410 I, dncorp (3) 182,037 1 37% , 12L323 y ^ v ,TOTAL 1,117,726 8 39% ` 474,931 ) POPULATION DATA FROM STATE OF CALIFORNIA 'OFFICIAL STATE ESTIMATES' DATED MAY 1990 ) REVENUE PROJECTIONS BASED ON ESTIMATED 1990 CALIFORNIA VEHICLE REGISTRATION FIGURES SAN BERNARDINO COUNTY PLANNING DEPARTMENT ESTIMATES ATTACHMENT B 0 South Coast AIR QUALITY MANAGEMENT DISTRICT 9150 FLAIR DRIVE, EL MONTE, CA 91731 (818) 572-6200 May 6, 1991 RECEIVED MAY 1 3 1991 To Mayors and City Councilmembers in the South Coast Air Basin CITY OF GRAND TERRACE REVENUES FOR AIR QUALITY MANAGEMENT PLAN IMPLEMENTATION The South Coast Air Basin has the most serious air quality problem in the nation. The majority of the pollutants — approximately 60 percent — are the result of mobile sources, mainly cars and trucks The South Coast Air Quality Management District (SCAQMD), in accordance with state and federal mandates, has the primary responsibility to achieve and maintain healthful air quality in the region. Local governments can assist in the reduction of air pollution through their comprehensive planning authority and other authorities as business is conducted To provide financial assistance for such activity, the California State Legislature passed Assembly Bill 2766 (Sher) in September of 1990 This legislation authorizes the imposition of an additional $2 motor vehicle registration fee to fund the implementation of programs that will reduce emissions from mobile sources The fee became effective on April 1, 1991, and increases to $4 on April 1, 1992 Forty percent of the revenue from this fee will be available to cities and counties, based on their prorated share of population, provided that they adopt an ordinance which does the following * Expresses support for the adoption of the motor vehicle registration fees to be used to reduce air pollution from motor vehicles Oursuant to the - California Clean Air Act of 1988 or the Air Quality Management Plan, * Expressly requires all revenue to be spent to reduce air pollution from motor vehicles, and, * Establishes an air quality improvement trust fund into which the fee revenues will be deposited In addition, the local jurisdictions receiving fee revenues shall be subject, at least once every two years, to an audit of each program or project funded Cities and counties are encouraged to submit their ordinances at the earliest time to facilitate accounting and early disbursement of revenues If a city or county fads to adopt an ordinance, the fee revenues which would be distributed to that city or county shall be distributed to the other cities and counties within the south coast district ATTACHMENT C r 1 The SCAQMD anticipates that the initial receipt of revenues will be in July or August of 1991 Approximately 30 to 60 days after receiving these funds, the SCAQMD will disburse to those local governments which have approved ordinances their portion of the funds Please find attached for your use and information a summary of Assembly Bill 2766, a copy of the chaptered bill (Chao 1705 - Statute 1990), a-sepy of a draft Model- obilP cn, r - n glut RPM• •�• -a,n.a4 Ce and estimations of the vehicle registration revenues for each junsdiction. If you have any questions regarding this issue or these matenals, please contact _1 f Eugene L. Fisher, Intergovernmental Affairs Officer, at (818) 572-6409 cc City Managers ASSEMBLY BILL 2766 (SHER) I. MOTOR VEHICLE REGISTRATION FEE ASSESSMENT FOR TRANSPORTATION/AIR QUALITY RELATED ACTIVITIES OF LOCAL GOVERNMENT AND AIR POLLUTION CONTROL DISTRICTS SUMMARY In September of 1990, Governor Deukmejian signed Assembly Bill 2766 into law This legislation authorizes the imposition of an additional motor vehicle registration fee to fund the implementation of air quality management plans and provisions of the California Clean Air Act. PROVISIONS AND REQUIREMENTS This bill authorizes that an annual vehicle registration fee of$2 may be imposed by a non-attainment air pollution control district or management district, upon the approval of the fee and a corresponding program to reduce vehicular air pollution by the governing board of the district In distncts with non-elected officials on the governing board, the fee and program must be approved by a majority of the board and also by a majonty of the elected officials on the board The registration surcharge would be applied to vehicles in the district which must pay annual registration fees (Because of other applicable statutes, the Sacramento Air Quality Management District is exempt from this authorization.) This additional registration fee can become effective on April 1 or October 1, as provided m the district board's resolution. On and after April 1, 1992, a district may approve an increase of the fee to up to $4 This bill also requires that the Department of Motor Vehicles collect the fee and, after deducting an administrative fee of not more than 5 percent dunng the first year, distribute the revenues to districts to be used to reduce air pollution from mobile sources Within the South Coast Air Quality Management District, the District is required to disburse the revenues in the following manner Thirty cents of every dollar shall be used by the SCAQMD for programs to reduce air pollution from motor vehicles and to carry out planning, momtonng, enforcement and technical studies which are authorized by, or necessary to implement, the California Clean Air Act Forty cents of every dollar shall be distributed by the district to cities and counties located in the South Coast District The amount of revenue shall be based on the cities and counties prorated share of population and will be used to implement programs to reduce air pollution from motor vehicles However, before a city or county may receive these revenues, it must first express, in the form of an ordinance, support for the adoption of the motor vehicle registration fee, require that all fees distributed to it be spent to reduce mobile source air pollution and establish an air quality improvement trust fund into which all revenues will be deposited -2- Thirty cents of every dollar shall be deposited by the district in an account to be used to implement or monitor programs to reduce mobile source air pollution A regional Mobile Source Air Pollution Reduction Review Committee shall develop and adopt work programs that will be funded by the revenue in this account At least once every two years, any agency receiving fee revenues shall be subject to an audit of each program or project funded II ASSEMBLY BILL 2766 IMPLEMENTATION PLAN The implementation of Assembly Bill 2766 currently is a seven-step plan that begins immediately The steps-are detailed as follows 1 Develop a program (from the AQMP) for the reduction of air pollution from motor vehicles pursuant to, and for related planning, momtonng, enforcement and technical studies necessary for the implementation of, the California Clean Air Act 2 Take before the members of the South Coast Air Quality Management District Board a recommendation for a resolution to adopt the $2 vehicle registration fee beginning on April 1, 1991, and the corresponding program for the reduction of mobile source air pollution Board action could be taken at the November Board meeting and/or the January 1991 Board meeting 3 Upon adoption of the above-described resolution, the Distnct should notify the Department of Motor Vehicles that the SCAQMD Board has adopted a resolution approving the $2 fee and that collection shall begin on April 1, 1991 Monies will be sent to the SCAQMD on a monthly basis 4 Notify cities and counties that they are eligible for a portion of the revenues collected under SB 2766 and the details of this bill Make cities and counties aware that the revenues will be distributed to them only after they have adopted an ordinance that expresses their support of the vehicle registration fee, their knowledge that the revenues may be spent only on reducing mobile source air pollution, and their establishing of an air quality improvement fund into which the revenues will be deposited A draft ordinance could be presented to each city or county to assist them in this process 5 Establish the regional Mobile Source Air Pollution Reduction Review Committee It is recommended that this be done through the Interagency AQMP Implementation Committee 6 Prepare an accurate list of populations for each city or county for the distribution of the revenues 7 Develop a distribution program for the SCAQMD Assembly Bill No 2766 ,i% i3,1, ,'; r CIIAI''r ll 1705 , , - r1„ An act to add Chapter 7 (commencing with Section 44220) to Part 5 of Division 26 of the Health and Safety Code, and to add Section 1'� 9250 17 to the Vehicle Code, relating to air pollution 1` I. r A I Approved by C'o%ernor September 30, 1J<X) riled nfth Sri Secretary of Slate September 30, 19�X)1 ' .. I 1 GiSt A 11VE COUNSELS DIC,1 SI ' el.' , ' AB 2766, Sher Air pollution s eludes fees I, ' Existing law provides for the collection of registration and other ,i �� �- , specified fees on motor vehicles, including fees or surcharges ; :1 nuthoriiecl to be unposed by the South Coast and Sacramento I r ,, Mcliopolilnn Mr Quality Management Districts, which fees arc n , required to he used to reduce air pollution '1 il' 'ibis bill would nulhori7e nn additional $2 fee, which may be "'' , increased to $4, to lie imposed by a county, unified, or regional air ,' pollution control district,or air quality management district,except I specified districts, and used to reduce air pollution from motor i '�` vehicles anti for related planning, monitoring, enforcement, and ' , technical studies, as specified The bill would prescribe the ' distirihution of revenues from that fee in the south coast district The ` ' NU would impose certain duties on the Department of Motor ' ,t ' Vehicles with respect to the collection of the fees, and the State Air t ' `' Resources Board with respect to determining the efficacy of the air , �tii. c,, ti ' • pollution reduction programs i , ,,,' , ' t ir,o; 'tr ` , 71,e people or the State or abfortiin do enact as follows ''J,_ ' ` a r e , 1, SF,CI ION I Chapter 7 (commencing with Section 44220) is added to fart 5 of Division 26 of the Ilealth and Safety Code,to rend Cttnr 1 rn 7 Dtslltic-r FEES I O IMPLEMEN r 'III); CALIFORNIA N CLEAN AMACT ' 44220 The Legislature hereby finds and declares as follows (a) 'I his chapter is intended to ensure that any county air -,`' ,r. pollution control district, or unified or regional air pollution control district,may,upon adoption of a resolution by the district governing , board,exercise fee authority similar to that provided the south coast district pursuant to Section 9250 11 of the Vehicle Code and the ,' Sacramento district pursuant to Section 41081,in order to ensure that , distric ts, and, in the South Coast Air Quality Man'igcinent District ' other iinpleiuenting agencies, h we the necessary funds to carry oul their responsibilities for imnplementriig the Clliforni,t Clean Air Act l 1705 —2( li — —3— Cli 1705 of 1988 (Chapter 1568 of the Statutes of 1988) the payment of registration fees (I)) 1 lie revenue s front the fees collected pursuant to this chapter 44229 (a) After deducting all administrative costs it incurs shall be used solely to reduce air pollution from motor vehicles and through collection of fees pursuant to Section 44227, the Del)arlutenl for related )lanais monitoring, enforcement and technical studies of Motor Vehicles shall distribute the revenues to districts Nti loch shall planning, use the fees to reduce air pollution from motor vehicles and to carry necess try for the inipleiuent Ilion of the California Clean Air Act of out related planning,monitoring,enforcement,and technical studies 1988 necessary for implementation of the Californt i Clean Air Act of 1988 44223 (a) in addition to any other fees specified in this code, the Fees collected by the Department of Motor Vehicles pursuant to this Vehicle Code, and the Revenue and S axahott Code, a county air chapter shall be distributed to districts bytsed upon the amount of fees pollution control district, air quality management district, or unified collected from motor vehicles registered within each dish ict or regional air pollution control district, except the Sacramento (b) The Department of Motor Vehicles m'ty annually expend not distrlr t or Eh( flay dish ict, which has been design tied by the state more than the following percentages of the fees collected pursuant board as a state iionallaininent area for any pollutant emitted by to Section 44227 on administrative costs motor vehicles My levy a fee of up to two dollars ($2) on motor (1) During the first year after the operative date of this chapter, vehicles registered within the district A district may impose the fee not more than 5 percent of the fees collected may be used lot only if the governing board of the district adopts a resolution administrative costs providing for both the fee and a corresponding program for the (2) During the second year after the operative d Ile of this reduction of air pollution from motor vehicles pursuant to, and for chapter, not more than 3 percent of the fees collected in ty be used related planning, monitoring, enforcement, and technical studies for administrative costs necessary for Lhc implementation of, the California Clean Air Act of (3) During any year subsequent to the second year alto' the 1988 • 1 hi chstricls with nonciccicd officials on their overnni operative date of this chapter, not mole than 1 percent of the fees collected may be used for administrative costs 1 bonrdis a resolution adopted pursuant to subdivision (a) shall be 44231 After consulting with the Department of Moloi Vehicles approved by both a majority of the govertinig bo ird and a majority on the feasibility thereof,a district board may exempt front ill or p u l of the board members who are elected officials of the fee any category of low-emission motor vehicle (01 A fee imposed pursuant to this section shall become effective 44233 Not more than 5 percent of the fees distributed to any on either April 1 or October 1, as provided ui the resolution adopted dish tat pursuant to Section 44229 sh ill be used by the dish ict foi by the board pursuant to subdivision (a) administrative costs 49225 On and after April 1, 1992, a district in ty increase the fee 44235 A district shall not use fees est ahlished under Sections established under Section 44223 to up to four dollars ($4) A district 44223 and 44225 for the purpose of establishing or ntanit unuii; the inay increase the fee only if the following conditions are met district as a direct provider of carpool, v tnpool, of other i idcshai mg (a) A resolution providing for both the fee increase and a or transit services However, a district may use these funds to enlci corresponding program for expenditure of the increased fees for the into, and implement, agreements with agencies which directly reduction of air pollution from motor vehicles pursuant to, and for provide carpool, vanpool, or other ridesharing of ttausit set vie es to related planning, monitoring, enforcement, and technical studies provide these services necessary for the implementation of, the California Clean Air Act of 44236 A district may allocate funds raised by fees established 1988 is adopted and approved by the governing board of the district under Sections 44223 and 44225 to meet the requirements of Section (b) in districts with nonelected officials on their governing 65089 of the Government Code, if those requu cments arc in bo irds, the resolution shall be adopted and approved by both a compliance with, and necessary for the ittiplettietitatioit of, the majority of the got erning bo ird and a majority of the board California Clean Air Act of 1988 members who arc elected officials 44237 A district may use fees established under Sc chops 4422'3 (c) An increase in fees established pursuant to this section shall and 44225 to enter into ah agreci sent with a council of govei iuncmits, become (-fie(live on eit her April 1 or October 1, as provided in the regional agency, or local agency to cam r y out SeJion 40717 resolution adopted by the board pursuant to subdivision (a) 44243 hee revenues generated under this chapter in the soups 44227 Upon request of a district, the Department of Motor coast district shrt'l be subverted to the south coast district h) the Vehicles shall collact the fees established pursuant to Sections 44223 Department of Motor Vehicles, after deducting its adnunish alive and 44225 upon renewal of the registration of any motor vehicle costs pursuant to Section 44229, foi expenclitnie in the fat tinsini; snhleu t to this p.0 t and registered in the district, except those manner vehicles which are expressly c,-cniplcd under the Vehicle Code from _5_ Ch 1705 (a) 1 hirly c eats ($0 '30) of every dollar subvened shall be used by comprised of one representative from each of the following igcncies the south coast district for programs to reduce air pollution from (1) The south coast district motor vehicles nod to carry out related planning, monitoring, (2) 1 he Southern California Association of Governments enforcement, and technical studies winch are authori7ed by, or (3) The San Bernardino Associated Governments necess ity to impluitent, the California Clean Air Act of 1988, or the (4) The Los Angeles County 1ransportalion Commission plan of Chapter 5 5 of Part 3 (pursuant to Article 5 (commencing with Section (5G) 1 he Orange County Transportation Commission 40460) of ) The Riverside County Transportation Commission (b) Forty cents ($0 40) of every dollar subvened shall be (7) The state board distributed by the district to cities and counties located in the south (8) A regional ridesharing agency selected by the other members coast district, based upon their prorated share of population, to be of the committee used to implement. programs to reduce air pollution from motor (b) Fees allocated pursuant to subdivision (c) of Section 44243 vehicles which arc nuthorl7ed by, or necessary to implement, the shall be used to fund projects pursuant to a work program developed California Clean Air Act of 1988, or the plan prepared pursuant to and adopted by the committee and approved by the south co ist Article 5 (commencing with Section 40460) of Chapter 5 5 of Part.3 district board in the following manner No city or count) may receive funds pin want to this subdivision (1) '1 he work program shall be adopted by an affirmative vote of unless the city or county has adopted and transmitted to the south a majority of the committee members coast district an ordinance which does all of the following (2) Upon adoption of the work program, the woi k program shall (1) Expresses support for the adoption of motor vehicle be submitted to the south coast district board wlucli, within GU days, registration fees to be used to reduce air pollution from motor shall approve or disapprove the work program If the district board vehicles pursuant to the California Gleaii Air Act of 1988 or the plan fails to approve or disapprove the work program within 60 days of prepared pursuant to Article 5 (cotnniencing with Section 40460) of receiving it, the work program shall be deemed approved I he Chapter 5 5 of Part 3 district board may disapprove the work program only upon a i (2) Expressly requires all fee revenues distributed to the city or three-fourths vote of the full district. board If the district hoard county pursuant to this subdivision or subdivision (c) to be spent to disapproves the work program,it shall be returned to the committee reduce air pollution from motor vehicles pursuant to the California which shall amend,readopt, and resubmit the work program to the Clean Air Act of 1988 or the plan prepared pursuant to Article 5 district board for approval or disapproval (commencing with Section 40460) of Chapter 5 5 of Part 3 (c) The committee shall establish a technic it advisory committee (3) Establishes nn air quality improvement trust fund into which to assist in the development of the work program the technical all fee revenues distributed to the city or county shall be deposited, advisory committee shall include, but not be limited to, and out of which expenditures shall be in ide to reduce air pollution representatives of agencies which make up the committee, a from motor vehicles pursuant to the C ilifot Ima Clean Air Act of 1988 representative of the cities from e icli county within the district, and or the pl in prepared pursuant to Article 5 (commencing with a representative of the boards of supervisors of each county within Section 40460) of Chapter 5 5 of fart 3 the district The technical advisory committee may also include If a city or county fails to adopt an ordin ince pursuant to this representatives of other public agencies and other interested parties subdivision, the fee revenues winch would be distributed to that city as the committee may determine to be appropriate or county shall instead be distributed to the other cities and counties (d) The south coast district shall not be eligible for funds allocated within the south coast district which have adopted an ordinance pursuant to this section pursuant to this subdivision, bused upon their prorated share of 442441 (a) Any agency which receives fee revenues purse int registered motor vehicles to Section 44243 or 44244 shall, at least once every two years, be (c) Thirty cents ($0 30) of every dollar subvened shall be subject to an audit of each program or project funded The audit shall deposited by the district in an account to be used,pursuant to Section be conducted by an independent auditor selected by the south coast 44244, to implement or monitor programs to reduce air pollution district in accordance with Division 2 (commencing with Section from motor vehicles which ire nithoriied by, or necessary to 1100) of the Public Contract Code I he district sh ill deduct any iuchi l implement, the California Clean Air Acl of 1988, or the plan costs which will be incurred pursuant to this section prior to prepared pursuat t to Article 5 (commencing with Section 40460) of distributing fee evenucs to cities, counties, or other agencies Chapter 5 5 of Part 3 pursuant to Sections 44243 and 44244 44244 (a) I here is hereby created a region it Mobile Source Air (b) Upon completion of all audit conducted pursuant to Pollution Reduction Review Committee rime committee shall be subdivision (a), the south coast dish, hall do both of the following Ch 1705 —6— _7 Cl i 1705 (1) Make the audit available to the public and to the affected registered in the district, except those vehicles winch are expressly agency upon request l y g (2) Review the audit to determine if the revenues from the fees exempted under this code front the xi meal of rc islinluui ccs received by the agency were spent for llie reduction of air pollution (b) After deducting all costs incurred pursuant to this section, the from motor vehicles prusuanl to the Caliibrma Clean Air Act of 1988 department shall distribute the revenues to the districts b nut upon or the plan prepared pursuant to Article 5 (commencingwith 111C SlniOUnt Of fees collected from motor vehicles re isleied within Section 40960) of Chapter 5 5 of Part 3 each district may (c) If, after reviewing the audit, the south coast district (c) [he department annuallyexpend send for its coss not more determines that the revenues from the fees mayhave been than the following percentages of the fees collected pursuant to subdivision (a) expended in a manner which is contrary to this chapter or which will (1) Five percent during the first year after the operative date the not result in the reduction of air pollution from motor vehicles fee is imposed or increased pursuant to the California Clean Air Act of 1988 or the plan prepared (2) Three percent during the second year after the operative elate pursuant to Article 5 (commencing with Section 40460) of Chapter the fee is imposed or increased 5 5 of Part 3, the district shall do all of the following (3) One percent during any subsequent year (1) Notify the agency of its deterinuiation (2) Within 45 clays of the notification pursti int to paragraph (1), hold a public hearing at which the agency may present infoiinulion related to expenditure of the revenues from the fees (3) After the public hearing, if the dish act determines th'it the agency has expended the revenues from the fees in a manner which I is contrary to this chapter or which will not result In the reduction i of air pollution from niolor vehicles pursuant to the California Clean Air Act of 1988 or the plan prepared pursuant to Article 5 (commencing with Section 40460) of Chapter 5 5 of Part 3, the dillrict shell withhold these revenues from the agency in an amount equal to the amount which was inappropriately expended (d) Any agency which receives fee revenues pursuant to Section 49243 or 44244 shall expend the funds within one year of the program or project completion date 49245 1 he state board shall report to the Legislature on or before December 31, 1992, on the air pollution reduction programs funded pursuant to this chapter 'I he report shall include,but not be limited to, an analysis of the use of vehicle registration lees for air pollution 0 programs,the efficacy and results of the programs funded by the fees and any conclusions and recommendations by the state board 44247 Local agencies imposing vehicle registration fees for air pollution programms pursuant to this chapter shall report to the state board on their use of the fees and the results of the programs funded by the fees and shall cooperate with the state board in the preparation of its report 1 hese reports shall be submitted according to n schedule adopted by the state board to ensure compliance with the reporting requirements of Section 44245 SEC 2 Section 925017 is added to the Vehicle Code, to read 925017 (a) I he department shall, if requested by a county air pollution control Jistrict,air quality management district,or unified ' or regional air pollution control district, collect fees established pursuant to Sections 44223 and 44225 of the Ilealth and Safety Code upon the registration or renewal of registration of any motor vehicle